Starting a claim
ADR, Forum & Applicable Law Arbitration vs mediation vs litigation, court-ordered ADR, and which country's law governs a claim. 4 sections · 8 questions Limitation & Pre-Action Conduct Limitation periods, the Practice Direction on pre-action conduct, the specific protocols and pre-action applications. 4 sections · 14 questions Courts, Issuing & Parties County Court or High Court, the specialist lists, issuing the claim form and adding or substituting parties. 4 sections · 10 questions Service of Proceedings How, where and by when to serve, deemed service dates, alternative service and service abroad. 5 sections · 10 questions Responding, Default Judgment & Ending a Claim Admissions, acknowledgments, defences, jurisdiction challenges, default judgment, discontinuance and settlement. 6 sections · 13 questions Statements of Case What goes in a claim form, particulars, defence, reply and Part 20 claim โ plus further information and amendments. 6 sections · 10 questions
Interim & case management
Interim Applications Making an application, summary judgment and strike-out, interim payments, injunctions and security for costs. 5 sections · 16 questions Case Management, Tracks & Sanctions The overriding objective, track allocation and directions, sanctions, relief from sanctions, and costs budgeting. 7 sections · 14 questions Evidence, Experts & Witnesses Relevance and hearsay, the burden and standard of proof, expert evidence, witness statements and affidavits. 4 sections · 12 questions Disclosure & Privilege Standard, specific, pre-action and non-party disclosure, electronic documents, privilege and waiver. 4 sections · 12 questions
Trial, costs & enforcement
Trial & Judgment Pre-trial checklists and reviews, bundles, running order at trial, and when a judgment takes effect. 3 sections · 6 questions Costs & Part 36 Who pays, standard vs indemnity basis, interim costs orders, non-party costs, Part 36, fixed and assessed costs. 6 sections · 15 questions Appeals & Enforcement Permission, destinations and grounds of appeal โ and how to enforce a money judgment. 3 sections · 10 questions
Contract
Formation & Parties Offer and acceptance, consideration, intention, certainty, capacity โ and privity and third-party rights. 4 sections · 13 questions Contract Terms Terms vs representations, implied and statutory terms, exemption clauses, interpretation and classification. 6 sections · 13 questions Vitiating Factors Misrepresentation, mistake, unfair terms, duress, undue influence and illegality. 5 sections · 13 questions Termination & Remedies Discharge by performance, agreement, breach and frustration โ then damages, penalties and equitable remedies. 6 sections · 12 questions
Tort
Negligence Duty, breach, causation and remoteness โ plus economic loss, psychiatric harm and damages for injury and death. 7 sections · 14 questions Employers, Vicarious Liability & Defences An employer's own duties, when it's liable for its employees' torts, and the general defences. 3 sections · 9 questions Occupiers' & Product Liability Duties to visitors and trespassers, and strict liability under the Consumer Protection Act 1987. 4 sections · 9 questions Nuisance & Rylands v Fletcher Private and public nuisance, strict liability for escapes, and the remedies and defences. 4 sections · 8 questions