Practice Areas
SQE2 Functioning Legal Knowledge Topics
Practice Area
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Dispute Resolution
Section
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The principles, procedures, and processes involved in dispute resolution
Subsection
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Resolving a dispute through a civil claim
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↗ Preliminary considerations: limitation, pre-action protocols
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↗ Parties and causes of action
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↗ Calculating limitation periods for claims in contract and tort
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↗ Practice Direction – Pre-action conduct
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↗ Principles and purpose of pre-action protocols governing particular claims and consequences for failure to follow their terms
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↗ Applicable law: mechanisms to determine which country’s laws apply to a contractual or tortious claim issued in the courts of England and Wales
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↗ Where to start proceedings
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↗ Allocation of business between the High Court and the County Court
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↗ Jurisdiction of the specialist courts
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↗ Issuing and serving proceedings
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↗ Issuing a claim form
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↗ Adding, removing, or substituting parties
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↗ Service of a claim form within the jurisdiction
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↗ Procedure for service of a claim form outside the jurisdiction (with or without the court’s permission) and mechanisms for effecting valid service in another jurisdiction
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↗ Deemed dates of service and time limits for serving proceedings
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↗ Service by an alternative method
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↗ Responding to a claim
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↗ Admitting the claim
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↗ Acknowledging service and filing a defence and/or counterclaim
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↗ Disputing the court’s jurisdiction
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↗ Entering and setting aside judgment in default
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↗ Discontinuance and settlement
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↗ Time limits for responding to a claim
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↗ Statements of case
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↗ Purpose, structure, and content of a claim form, particulars of claim, or defence relating to a claim in contract or tort
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↗ Purpose, structure, and content of a reply, Part 20 claim, or defence to Part 20 claim
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↗ Requests for further information about statements of case
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↗ Amendments
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↗ Interim applications
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↗ Procedure for making an application
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↗ Purpose, procedure, and evidence required for particular applications
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↗ Summary judgment
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↗ Interim payments
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↗ Interim injunctions
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↗ Case management
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↗ The overriding objective
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↗ Track allocation
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↗ Case management directions for cases proceeding on the fast, intermediate, or multi-tracks
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↗ Non-compliance with orders, sanctions, and relief
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↗ Costs and case management conferences
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↗ Evidence
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↗ Relevance, hearsay, and admissibility
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↗ The burden and standard of proof
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↗ Expert evidence - Opinion evidence
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↗ Duties of experts
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↗ Single joint experts
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↗ Discussion between experts
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↗ Witness evidence - Witness statements
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↗ Affidavits
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↗ Disclosure and inspection
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↗ Standard disclosure
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↗ Orders for disclosure
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↗ Specific disclosure
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↗ Pre-action and non-party disclosure
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↗ Electronic disclosure
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↗ Privilege and without prejudice communications
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↗ Waiver of privilege
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↗ Trial
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↗ Summoning witnesses
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↗ Preparations for trial - Purpose of pre-trial checklists (listing questionnaires) and hearings
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↗ Purpose of trial bundles
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↗ Trial procedure
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↗ The nature and effect of judgment
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↗ Costs
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↗ Costs management and budgeting
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↗ Inter-partes costs orders (interim and final)
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↗ Non-party costs
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↗ Part 36 and other offers
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↗ Security for costs
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↗ Fixed and assessed costs
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↗ Appeals
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↗ Permission
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↗ Destination of appeals
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↗ Grounds for appeals
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↗ Enforcement of money judgments
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↗ Oral examination
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↗ Methods of enforcement
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↗ Core principles of contract law
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↗ Formation
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↗ Offer and acceptance
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↗ Consideration
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↗ Intention to create legal relations
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↗ Certainty
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↗ Capacity
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↗ Parties
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↗ Privity of contract
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↗ Rights of third parties
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↗ Contract terms
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↗ Express terms
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↗ Incorporation of terms
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↗ Terms implied by common law and statute
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↗ Exemption clauses
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↗ The interpretation of contract terms (conditions, warranties, and innominate terms)
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↗ Variation
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↗ Vitiating factors
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↗ Misrepresentation
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↗ Mistake
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↗ Unfair contract terms
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↗ Duress and undue influence
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↗ Illegality
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↗ Termination
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↗ Expiry or other specified event
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↗ Breach
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↗ Frustration
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↗ Basic principles of restitution and unjust enrichment in the context of termination of contract
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↗ Remedies
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↗ Damages
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↗ Liquidated sums and penalties
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↗ Specific performance
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↗ Injunctions
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↗ Duty to mitigate
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↗ Indemnities
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↗ Guarantees
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↗ Causation and remoteness
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↗ Core principles of tort
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↗ Negligence
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↗ Duty of care (standard (general and professional)) and breach
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↗ Causation (single and multiple)
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↗ Remoteness and loss
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↗ Principles of remedies for personal injury and death claims
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↗ Claims for pure economic loss arising from either a negligent act or misstatement
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↗ Claims for psychiatric harm
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↗ Employers’ primary liability (operation and effect of the common law principles)
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↗ Defences
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↗ Volenti non fit injuria
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↗ Contributory negligence
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↗ Illegality
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↗ Principles of vicarious liability
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↗ Occupiers’ Liability
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↗ Legal requirements for a claim under the Occupiers’ Liability Act 1957 (in relation to visitors) and the Occupiers’ Liability Act 1984 (in relation to non-visitors)
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↗ Defences
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↗ Exclusion of liability
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↗ Product liability
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↗ Principles in negligence
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↗ Principles of the Consumer Protection Act 1987
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↗ Nuisance
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↗ Public and private nuisance
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↗ The rule in Rylands v Fletcher
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↗ Remedies (damages and injunctions) and defences