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.