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Civil Litigation Essentials – Course Outline

Duration: Full Day (Approx. 8 hours with breaks)
Delivery: Online via Microsoft Teams (interactive, small group)
Emphasis: Practical, experience-based insights that go beyond what books or guides can provide.

Cost: £499

Session 1 – Pre-Action Stage

  • Importance of the pre-action stage

  • Letters Before Action & Protocols – content, tone, compliance

  • Alternative Dispute Resolution (ADR) – negotiation, mediation, arbitration, ENE

  • Settlement strategies – timing and leverage

  • Funding litigation – self-funding, insurance, CFAs, third-party funding

  • Evidence preservation – safeguarding physical and digital material

  • Experts and early involvement

  • Practical exercise: Drafting a Pre-Action Letter

Session 2 – Commencing & Defending Proceedings

  • Source materials precedents and practice guides.

  • Issuing claims (forms, particulars, fees)

  • Responding to claims (acknowledgments, defences, counterclaims)

  • Default judgments and setting aside

  • Jurisdiction & venue choices (County vs. High Court)

  • Limitation periods & fatal errors

  • Tactical considerations at the outset

  • Case study: Spotting procedural traps

Session 3 – Statements of Case

  • Purpose and structure of pleadings

  • Striking the balance: clarity vs. strategy

  • Amendments and compliance with CPR

  • Common pitfalls (vague pleadings, over-complexity)

  • Practical workshop: Reviewing real-world pleadings

Session 4 – Case Management

  • Case Management Conferences (CMC)

  • Directions Orders and timetables

  • Track allocation: small, fast, and multi-track explained

  • The Overriding Objective – proportionality and fairness

  • Sanctions and relief from sanctions

  • Interactive discussion: How judges manage cases in practice

Session 5 – Interim Applications

  • Common applications: strike out, summary judgment, interim injunctions, security for costs

  • Application procedure – notices, skeleton arguments, evidence

  • Tactical use: when applications can shift momentum

  • Practical insights: Advocacy tips for applications

  • Mini role-play: Summary judgment application

Session 6 – Disclosure & Evidence

  • Disclosure obligations under CPR

  • Standard disclosure vs. specific disclosure

  • Challenges of electronic disclosure

  • Privilege – legal advice, litigation privilege, without prejudice

  • Witness evidence – drafting effective statements

  • Expert evidence – managing costs, court-appointed vs. party-appointed

  • Workshop: Identifying privileged vs. disclosable documents

Session 7 – Settlement Opportunities

  • Part 36 Offers and cost consequences

  • Without prejudice communications

  • Mediation in practice – preparation and negotiation tactics

  • Enforceability of settlement agreements (consent orders, Tomlin orders)

  • Case scenario: Evaluating when to settle

Session 8 – Trial Preparation & Trial

  • Directions and final preparation checklist

  • Trial bundles – organisation & electronic bundles

  • Skeleton arguments – what judges want to see

  • Advocacy skills – submissions, handling witnesses, etiquette

  • What to expect at trial: courtroom dynamics

  • Mock exercise: Delivering a short submission

Session 9 – After Judgment: Enforcement, Appeals & Costs

  • Enforcement methods: charging orders, attachment of earnings, third-party orders, writs of control

  • Appeals: grounds, permission, and procedure

  • Costs recovery – standard vs. indemnity basis

  • Costs management – budgeting, capping, proportionality

  • Practical checklist: Deciding whether enforcement is worthwhile

Wrap-Up & Q&A

  • Key takeaways from the day

  • Practical checklist for litigation essentials

  • Open floor for participant questions

Optional written test (do at home).

Attendees have the option of completing at no additional costs a take home written test (30-45 minutes) upon which they will receive the LitigateWise Certificate of Achievement.

Learning Outcomes

By the end of the course, participants will:

  • Understand each stage of the litigation process and its strategic implications.

  • Be able to draft effective pre-action letters, pleadings, and witness statements.

  • Navigate case management and interim applications confidently.

  • Handle disclosure and evidence with awareness of risks and opportunities.

  • Approach settlement and trial preparation strategically.

  • Make informed decisions about enforcement, appeals, and costs.

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