Teaching Responsibility
LJMU Schools involved in Delivery:
Law
Learning Methods
Lecture
Seminar
Module Offerings
7401LAWLP-SEP-MTP
Aims
The module is designed to equip students for work in a solicitors’ practice in the fields of civil and criminal litigation, and to identify the critical steps in the process of litigation.
Learning Outcomes
1.
Analyse factual material when acting for a party to a civil dispute or in criminal proceedings, identify the legal context in which factual issues arise and relate the central legal and factual issues to each other
2.
Advise clients of different ways of funding litigation, of possible courses of action and their attendant costs, benefits and risks
3.
Identify the steps and strategies that need to be taken in the preparation and conduct of litigation
4.
Comply with the detailed requirements relating to litigation set out in the LPC Outcomes 2011 (published by the Solicitors Regulation Authority) and/or such other document as may from time to time amend or replace those provisions
Module Content
Outline Syllabus:Civil Litigation
• Using the Civil Procedure Rules (CPR)
• Case preparation, lines of enquiry, causes of action and risk analysis.
• Pre-action behaviour and protocols
• Funding and costs
• Documentary evidence, lay and expert witness evidence including admissibility and hearsay
• Alternative Dispute Resolution
• Offers to settle and Part 36 of the CPR
• Issue and service of proceedings, and responding to service.
• Case management
• Disclosure and inspection of documents
• Interim applications and hearings
• Preparation for Trial
• Post-trial: enforcement and appeals
Criminal Litigation
• Police investigatory powers
• Funding of representation and advice
• Advice at the police station
• Bail from the police station and court
• Evidential considerations in preparation for trial
• The trial process in the magistrates and crown court
• Evidential applications at trial
• Sentencing
Additional Information:Litigation is classed as a “core practice area” by the Solicitors Regulation Authority for the purpose of the Legal Practice Course. Conduct of litigation and exercise of a right of audience in court are both reserved legal activities which cannot ordinarily be carried out other than by solicitors and certain other legal professionals.
Students are required to achieve the pass mark from the combined result of both assessments, rather than in each individual assessment.
The 60:40 weighting of the assessments is intended to reflect the relative volume of civil and criminal litigation undertaken in practice.