Litigation

Introduction

**Litigation** is the process of resolving disputes through the **courts**. It is the most **formal** method of dispute resolution and stands in contrast to alternative methods such as **mediation** and **arbitration**. This chapter introduces the **characteristics of litigation** (adversarial nature, formality, publicity, finality, cost, time, enforceability and risk), the **role of the solicitor**, the **advantages and disadvantages** of going to court, and — most importantly for the SQE — the **five stages of the civil litigation process** under the **Civil Procedure Rules ('CPR')**: **pre-action**, **commencement**, **interim matters**, **trial** and **post-trial**.

Assessment focus

For the SQE1 FLK1 Dispute Resolution assessment, you must understand how a civil claim progresses from the **pre-action stage** through to **enforcement of judgment**. You should be able to identify the matters to be considered **before proceedings are issued** (client's objectives, prospective parties, evidence, costs, **limitation** and jurisdiction, **pre-action protocols**, ADR, and the **letter before claim / letter of response**), the **allocation of claims to tracks** by value (small claims, fast track, intermediate track, multi-track), and the steps at trial and post-trial including **costs** and **enforcement**. Questions in the SQE1 FLK1 are single best answer questions (SBAQs) set in **realistic client-based scenarios**; you will be expected to **apply** these stages and figures rather than simply recall them. This is a **closed-book** assessment — memorise the **track thresholds** and the **standard six-year limitation period** in contract.

Study tips

1) Memorise the **track allocation thresholds**: small claims **up to £10,000**; fast track **over £10,000 up to £25,000**; intermediate track **over £25,000 up to £100,000**; multi-track **over £100,000**. 2) Remember the **standard limitation period of six years** for contract disputes — but always **check the contract** for a deviating period. 3) Learn the **pre-action checklist** in order (objectives, parties, evidence, costs, limitation/jurisdiction, pre-action protocols, ADR, letter before claim, letter of response). 4) Note that the **letter before claim is legally required** under the pre-action protocol. 5) The **general costs rule** is that **the loser pays the winner's costs**; in multi-track, if the amount cannot be agreed it is fixed by **detailed assessment**. 6) Standard **disclosure** requires listing documents that are **adverse** to your case or **support an opponent's** case, not merely those you rely on.