LPC Law Notes Civil Litigation Notes
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
When advising clients on the pros/cons of different courses of action:
P4 requires a solicitor to act in the best interests of each client.
P5 provides that solicitors must provide a proper service to their clients.
O(1.12) requires the clients are in a position to make informed decisions about the services they need, how the matter will be handled, and the options available to them.
Furthermore, endeavour to ensure you client understands the different COSTS involved (O(1.13) – best possible information about likely overall cost and IB(1.13) solicitors should discuss whether the potential outcomes are likely to justify the risk involved).
Escalation Clauses
Some contracts contains these, which set out a range of steps that should be taken in the event of a dispute. The usual order is:
Parties must negotiate in good faith
If that fails to resolve a dispute, the will mediate
If no settlement is reached at mediation, they will arbitrate
This can be helpful in providing the parties will a guide as to what the expected procedure will be in a dispute.
NB: there can be certain difficulties will a mediation clause:
It Is hard to gauge whether someone has complied with their obligations – someone may just arrive at the mediation and sit there, with no intention of actually mediating. It is hard to prove whether someone is negotiating in good faith.
There is no guaranteed solution in any event.
Types of ADR
1) Expert Determination
Description | Advantages | Disadvantages |
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SUITABLE FOR:
| NOT SUITABLE for:
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2) Mediation
Description | Advantages | Disadvantages |
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Mediator meets each party
First joint session – parties come together and discuss their case (can be helpful to get things off their chests)
Parties break away
Final joint session
Explaining mediation to the client and considering whether it is appropriate in the circumstances
Preparing the client for mediation
Selecting and agreeing a mediator alongside the other party
Agreeing on how costs will be borne
Arranging the mediation venue
Deal with arranging a stay of proceedings (if necessary)
Preparing written submissions to the mediator
Settling the mediation agreement
Assisting in the negotiation stage
Drafting the settlement agreement (if necessary)
If the case is already underway (i.e. pending) and a mediation settlement is reached, the agreement can be incorporated into a consent order and therefore enforced as a court order.
The court may stay proceedings pending payment/in order to carry out the terms of the agreement.
This type of order is known as a Tomlin Order.
3) Arbitration
Description | Advantages | Disadvantages |
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Components:
s.5 AA – must be in writing (or evidenced in writing).
Scope – what types of dispute are to be referred to in arbitration?
Tribunal – it’s composition; will it be an institution? Will there be a set of rules?
Arbitrator – who will it be? Institution? How many?
Seat and governing law of the arbitration and physical location of the arbitration
Non-mandatory provisions the parties’ decide to include (i.e. powers of court)
s.52 – should you allow the Arbitrators...
Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.
A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...
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