Dispute Resolution is one of the larger FLK1 subjects and covers the Civil Procedure Rules, limitation periods, the conduct of civil litigation, and the court system. It is a topic that rewards systematic knowledge — the rules are precise and frequently tested in applied scenarios.
The Civil Procedure Rules: Overriding Objective
The CPR are governed by the overriding objective: to enable the court to deal with cases justly and at proportionate cost. This means ensuring parties are on an equal footing, saving expense, dealing with cases proportionately, ensuring cases are dealt with expeditiously and fairly, and allotting an appropriate share of court resources.
The overriding objective is not just background — it is used by courts to interpret and apply every rule in the CPR, and parties are under a duty to help the court further it.
Limitation Periods
Claims must be brought within the relevant limitation period, after which they are time-barred:
- Contract claims: 6 years from the date of breach (simple contract); 12 years (deeds)
- Tort claims: 6 years from the date the cause of action accrued (generally when damage occurred)
- Personal injury: 3 years from the date of injury, or date of knowledge if later
- Defamation: 1 year
For latent damage in negligence (other than personal injury), the limitation period is 6 years from accrual or 3 years from date of knowledge — whichever is later — subject to an overriding 15-year long-stop under the Limitation Act 1980.
Starting Proceedings
Proceedings are started by issuing a claim form in the appropriate court. The claim form must be served within 4 months of issue (2 months if served outside the jurisdiction). Particulars of claim must be served within 14 days of the claim form (or included with it).
Pre-action protocols are a critical area for exam questions. Most types of claim have a relevant protocol. The consequences of non-compliance — adverse costs orders, stays — are frequently tested. Always identify the applicable protocol before advising on commencing proceedings.
Track Allocation
Once a defence is filed, the court allocates the case to one of three tracks:
- Small claims track: Claims up to £10,000 (personal injury/housing: lower limits). Informal procedure; costs recovery very limited.
- Fast track: Claims between £10,001 and £25,000, suitable for trial within one day. Fixed costs apply in most cases.
- Multi-track: Claims over £25,000, or complex claims regardless of value. Full costs recovery available. Active case management by the court.
Interim Remedies
Before or during proceedings, a party may apply for interim remedies including:
- Interim injunctions: The American Cyanamid test — is there a serious question to be tried? Is the balance of convenience in favour of granting the injunction? Are damages an adequate remedy?
- Freezing orders (Mareva injunctions): Restrain a defendant from dissipating assets pending judgment. Require a good arguable case and a real risk of dissipation.
- Search orders (Anton Piller orders): Allow entry to premises to inspect or preserve evidence. Granted without notice only in exceptional circumstances.
Costs
The general rule is that costs follow the event — the losing party pays the winning party’s costs. However, the court has wide discretion. Part 36 offers are particularly important: a claimant who fails to beat a defendant’s Part 36 offer faces cost consequences from the expiry of the offer period.
Practise This Topic on Sqewise
Dispute resolution questions in FLK1 test procedural precision. Dates, thresholds, and track allocation figures are directly examinable. Practise dispute resolution questions on Sqewise, check your progress on the dashboard, and see all SQE1 topics covered.