Dispute Resolution
Dispute Resolution covers the full lifecycle of civil litigation in England and Wales, from pre-action conduct through to enforcement of judgments. The Civil Procedure Rules 1998 (CPR) and their overriding objective — dealing with cases justly and at proportionate cost — underpin everything in this topic. Questions frequently test track allocation, costs rules, interim applications, and the consequences of failing to comply with procedural rules.
Practise Dispute Resolution questions →What FLK1 tests in Dispute Resolution
Pre-Action Conduct and Protocols
The Practice Direction on Pre-Action Conduct and Protocols requires parties to exchange information and attempt settlement before issuing proceedings. Specific pre-action protocols apply to personal injury, clinical negligence, construction disputes and others. Non-compliance can result in adverse costs orders.
Issuing and Serving Proceedings
Claim forms (N1), particulars of claim, statements of truth, service rules (deemed service dates for different methods), and the defendant's response options: acknowledgment of service, defence, Part 18 request for information, or default judgment.
Track Allocation
Small claims track (up to £10,000; £1,000 for personal injury and housing disrepair). Fast track (£10,000–£25,000; trial within 30 weeks). Multi-track (over £25,000 or complex cases). Consequences for costs rules differ by track.
Interim Applications
Summary judgment (CPR Part 24: no real prospect of success), interim injunctions (American Cyanamid principles: serious issue, balance of convenience, adequacy of damages), freezing orders, search orders, and applications for specific disclosure.
Costs
General rule: costs follow the event (loser pays). Costs management (budgets on multi-track). Part 36 offers and the cost consequences of beating/failing to beat an offer. Qualified one-way costs shifting (QOCS) in personal injury. Basis of assessment: standard vs indemnity.
Enforcement of Judgments
Methods: warrant of execution (goods), third party debt orders, attachment of earnings, charging orders over land, appointment of receiver. Choice of method depends on the debtor's assets and circumstances.
Alternative Dispute Resolution
Mediation, arbitration, adjudication, and expert determination. Courts encourage ADR: unreasonable refusal may result in an adverse costs order (Halsey principles). Arbitration is binding; mediation is not unless a settlement is reached.
Key cases
The cases most commonly tested in SQE1 MCQs for Dispute Resolution.
Courts cannot compel parties to mediate but unreasonable refusal can result in adverse costs orders.
Set out the strict approach to relief from sanctions under CPR r.3.9 — procedural compliance is taken seriously.
Relief from sanctions: three-stage test — seriousness of breach, good reason, all circumstances. Refined Mitchell.
Test for interim injunctions: serious issue to be tried; balance of convenience; adequacy of damages as a remedy.
Three conditions for admitting fresh evidence on appeal: not available at trial; credible; would have affected the result.
Other FLK1 topics
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