LW367-6-AU-CO:
Civil Dispute Resolution
2024/25
Essex Law School
Colchester Campus
Autumn
Undergraduate: Level 6
Current
Thursday 03 October 2024
Friday 13 December 2024
15
02 July 2024
Requisites for this module
(none)
(none)
(none)
(none)
(none)
Are there alternatives to going to court? How can parties to a dispute settle their issues without the expense of a lengthy court battle? In this module we will introduce students to the theoretical, practical and ethical aspects of Civil Dispute Resolution as they apply in England and Wales. The module focuses on key aspects of dispute resolution in the civil law field and covers diverse topics, such as the merits of bringing a claim, negotiating with clients, alternative forms of dispute resolution including mediation, negotiation, and arbitration, ethical considerations, as well as the key practical issues that arise when bringing or defending a civil claim.
The aims of this module are:
- To introduce students to key theoretical and practical aspects of civil dispute resolution in England and Wales.
- To provide students with the opportunity to practise the skills relevant to the conduct of civil dispute resolution.
- To introduce students to the various ethical dimensions relevant to the conduct of civil dispute resolution.
By the end of this module, students will be able to:
- Demonstrate practical skills relevant to civil dispute resolution.
- Understand the ethical dimensions of conducting civil dispute resolution.
- Understand the distinction between contentious and non-contentious dispute resolution.
- Critically engage with relevant legal concepts, values, principles, tactical and procedural steps, explaining the relationship between these concepts in a number of areas.
Syllabus information
The module will examine a range of procedures and stages in civil dispute resolution, including such aspects as forms of civil dispute resolution and the various ethical principles involved, the difference between non-contentious dispute resolution and dispute avoidance, initiating and defending a civil claim, evidence, negotiation, advocacy, costs, and appeals and remedies.
This module will be delivered via:
- One 2-hour lecture per week
- One 2-hour seminar every fortnight
Students are expected to undertake the reading before classes and be prepared to engage in discussion.
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Sime, S. (2024a) ‘Chapter 1: Introduction’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0001.
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Sime, S. (2024c) ‘Chapter 3: Civil Courts’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0003.
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Sime, S. (2024d) ‘Chapter 4: Overriding Objective and Human Rights’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0004.
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Sime, S. (2024e) ‘Chapter 5: Pre-Action Protocols’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0005.
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Sime, S. (2024f) ‘Chapter 6: Issuing and Serving’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0006.
-
Sime, S. (2024g) ‘Chapter 12: Responding to a Claim’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0012.
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Sime, S. (2024i) ‘Chapter 14: Statements of a Case’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0014.
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Sime, S. (2024l) ‘Chapter 21: Limitation’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0021.
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Sime, S. (2024h) ‘Chapter 13: Default Judgment’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0013.
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Sime, S. (2024m) ‘Chapter 23: Interim Applications’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0023.
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Sime, S. (2024n) ‘Chapter 24: Summary Judgment’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://www-oxfordlawtrove-com.uniessexlib.idm.oclc.org/display/10.1093/he/9780198873426.001.0001/he-9780198873426-chapter-24.
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Sime, S. (2024p) ‘Chapter 30. Striking Out, Discontinuance, and Stays’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://www-oxfordlawtrove-com.uniessexlib.idm.oclc.org/display/10.1093/he/9780198873426.001.0001/he-9780198873426-chapter-30.
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Sime, S. (2024q) ‘Chapter 32. Witness Statements, Affidavits, and Depositions’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://www-oxfordlawtrove-com.uniessexlib.idm.oclc.org/display/10.1093/he/9780198873426.001.0001/he-9780198873426-chapter-32.
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Sime, S. (2024r) ‘Chapter 36: Offers to Settle’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0036.
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Sime, S. (2024b) ‘Chapter 2: Funding Litigation’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0002.
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Sime, S. (2024t) ‘Chapter 46: Costs’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0046.
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Sime, S. (2024s) ‘Chapter 39: Trial’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0039.
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Sime, S. (2024u) ‘Chapter 48: Enforcement’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0048.
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Sime, S. (2024v) ‘Chapter 50: Appeals’, in
A practical approach to civil procedure. Twenty-sixth edition. Oxford: Oxford University Press. Available at:
https://doi-org.uniessexlib.idm.oclc.org/10.1093/he/9780198873426.003.0050.
The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's
reading list.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Coursework |
LW367-6-AU - Practical Exercise A - GVV |
11/11/2024 |
20% |
| Coursework |
LW367-6-AU - Practical Exercise B - Written Application to the Court |
11/12/2024 |
20% |
| Coursework |
LW367-6-AU - Final Essay/Problem Question |
13/01/2025 |
50% |
| Coursework |
LW367-6-AU - Reflective Log |
21/01/2025 |
10% |
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Mr Lee Hansen, email: l.hansen@essex.ac.uk.
Dr Lee Hansen
The Law Education Admin Team - lawschoolug@essex.ac.uk
No
No
No
No external examiner information available for this module.
Available via Moodle
Of 42 hours, 20 (47.6%) hours available to students:
0 hours not recorded due to service coverage or fault;
22 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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