LAW6063 - Commercial Law and Dispute Resolution

Objectives:

Assessment tasks are designed to enable students to demonstrate the Learning and Employability outcomes for the relevant level of study. Level Learning Outcomes are embedded in the assessment task(s) at that level. This enables a more integrated view of overall student performance at each level.

Content:

This law option module enables students to acquire a depth of knowledge and understanding of the main legal principles and issues of Dispute Resolution capturing significant contemporary issues and procedures in relation to the subject.

In this module students will develop a critical understanding of the methods and processes to resolve civil disputes cost-effectively in England and Wales. Students will study and learn about the contexts in which disputes may arise and the objectives of parties in disputes, and the ways in which those objectives can be met in a cost-effective and proportionate way. The content will be aligned with aspects of the SQE Functioning Legal Knowledge assessment of Dispute Resolution.

Students will learn about options for resolving civil disputes (litigation, arbitration, mediation and other forms of ADR); Costs and funding (Methods of funding, costs consequences, possible liability for costs and cost recoveries); The Civil Procedure Rules (including Practice Directions, Forms and Court Guides (where appropriate)); Preliminary considerations (limitation, jurisdiction and applicable law); Pre-action steps and the court’s expectations about pre-action behaviour;

Commencement of proceedings (the civil court structure, choice of court, issue and service of proceedings); Responding to proceedings (acknowledgment of service; Drafting statements of case); Early termination (judgments in default, summary judgment, Part 36 and other settlement devices); Evidence (disclosure and inspection, expert witnesses and witnesses of fact); The court’s case and costs management powers and duties; Interim applications and interim remedies; Preparing for trial or settlement and Key elements of trial procedure.

Learning and Teaching Information:

Students will be encouraged to engage in directed independent learning prior to and following the classroom session. Completion of the independent learning will be paramount to successfully completing the module given the complexities of the subject. The classroom sessions will put the academic principles of Dispute Resolution into practice through case studies, role plays, presentations and use of the moot court room. Through these methods the academic principles that have been taught will be put in a practical context reflecting everyday lawyer/client interactions and link with the legal practice focus of the module to consolidate and reinforce understanding.

Workshops will serve multiple purposes. They introduce students to new legal topics, deepen their understanding of complex concepts, and enhance their practical skills relevant to the legal profession. Workshops will involve a combination of presentations, discussions, case studies, simulations, and group activities to create an engaging and immersive learning environment.

Worshops
Hours: 60
Intended group size: 40

Guided independent study
Hours: 240

Further details relating to assessment
Case Study: This takes the form of a multi-issue real world scenario that requires the student to undertake independent research, to apply their findings to the given scenario and to provide appropriate legal advice and commercially relevant guidance. As such, students will be expected to review the scenario, research relevant statutory provisions and case law, identify the relevant procedural requirements and apply the law to the material facts of the situation, and to outline potential solutions. Students will be required to present coherent arguments that are based on their knowledge and critical analysis of relevant law. They will be encouraged to go beyond citing and summarising the law, to develop their own assessment of the situation and the relative value of different arguments and evidence put forward.

Practical (Mediation / Negotiation): This takes the form of a multi-issue real world scenario that requires the student to undertake independent research, to apply their findings to the given scenario and to provide appropriate legal advice and commercially relevant guidance in the format of a mediation or negotiation. As such, students will be expected to review the scenario, research relevant statutory provisions and case law, identify the relevant procedural requirements and apply the law to the material facts of the situation, and to outline potential solutions in the format of a mediation / negotiation.

Formative assessment will be integrated into sessions. In workshops, student groups provide structured input/feedback on each other’s work, set in the context of tutor and peer input. Students can then use this feedback and the critiques to inform their submission of final assessment.

Assessment:

001 Case Study; 3,000 words; end of semester 1 50%
002 Practical - Mediation/ Negotiation; 15 minutes; end of semester 2 50%

Fact File

Module Coordinator - PRS_CODE=
Level - 6
Credit Value - 30
Pre-Requisites - NONE
Semester(s) Offered - 6YL

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