Commercial Dispute Resolution - Legal Practice Specialism

Course Structure

• 1. Interim Applications and Remedies: Search Orders

  This course introduces you to search orders, a powerful interim mandatory injunction used in civil litigation.

  By the end of this course, you'll be able to:
  

  Understand the nature of search orders

  Understand the legal requirements to obtain a search order

  Advise on the procedural and practical steps required to obtain and execute a search order

  Appreciate key responsibilities of the applicant's solicitor and the supervising solicitor during and after the search

  Understand the grounds upon which a search order could be discharged or varied and the consequences of a search order being discharged

  Appreciate the tactical considerations when considering applying for a search order

• 2. Interim Applications and Remedies: Freezing Orders

  This course introduces you to freezing orders, a powerful interim mandatory injunction used in civil litigation.

  By the end of this course, you'll be able to:
  
  

  Understand the nature and effect of a freezing order

  Advise on the legal requirements to obtain a freezing order

  Advise on the procedural and practical steps required to obtain and execute a freezing order

  Understand the grounds upon which a freezing order could be discharged or varied

  Appreciate the tactical considerations when considering applying for a freezing order

• 3. Witness Evidence: Preparing and Presenting Witness Evidence in the Business and Property Courts

  This course considers practical and tactical factors for managing witnesses in commercial claims and focuses on how to draft trial witness statements to comply with the rules introduced into the Business and Property Courts in 2021.

  By the end of this course, you'll be able to:
  

  Consider practical and tactical factors when identifying and managing witnesses in commercial claims

  Understand the rules that apply to the preparation and presentation of trial witness statements and witness evidence

  Draft trial witness statements that comply with the specific requirements for actions in the Business and Property Courts

• 4. Disclosure: Different Approaches and Common Issues Arising in Commercial Litigation

  This course covers alternatives to standard disclosure under CPR 31 and addresses common issues that frequently arise in commercial litigation.

  By the end of this course, you'll be able to:
  

  Compare the different approaches to disclosure the court might take

  Evaluate disclosure procedure and ‘Models based’ orders in the Business and Property Courts

  Explain electronic disclosure and the use of technology in disclosure

  Advise on the disclosure of copies and translations of documents

  Recommend document management advice for clients

• 5. Disclosure: A closer Look at Privilege

  This course takes a closer look at legal professional privilege and without prejudice privilege.

  By the end of this course, you'll be able to:
  

  Examine legal professional privilege and without prejudice privilege in practice

  Analyse advanced privilege arguments

  Identify when common interest privilege and limited waiver can be claimed

  Explain privilege against self-incrimination and public interest immunity

  Contrast common law privilege with some equivalent regulatory regimes

• 6. Alternative Dispute Resolution

  This course introduces you to various methods of resolving disputes outside the court process. You'll compare and evaluate different types of ADR and understand the court's approach to ADR in commercial disputes. The course also covers typical dispute resolution clauses in commercial contracts and their enforceability. Additionally, you'll explore specific ADR processes like expert determination, mediation, and early neutral evaluation.

  By the end of this course, you'll be able to:
  

  Compare and evaluate different types of ADR, with a spotlight on expert determination, mediation and early neutral evaluation

  Analyse the court’s approach to ADR

  Draft an effective and enforceable dispute resolution agreement

  Advise on the enforceability of the results of ADR

• 7. International Aspects of Dispute Resolution

  This course looks at several areas where early advice can make all the difference to a client's situation in both current and future disputes.

  By the end of this course, you'll be able to:

  
  

  Advise a client on the types of issue that it might have to consider when deciding where to commence proceedings

  Apply some of the key rules and concepts contained within the Rome I Regulation to determine governing law in a contractual claim

  Apply some of the key rules and concepts within the Rome II Regulation to determine governing law in a tortious claim

  Assess the issues when advising on a simple choice of law and jurisdiction clause

  Understand the nature of anti-suit injunctions (and when one might be obtained / appropriate)

  
  

• 8. Commercial Arbitration

  This course provides you with a comprehensive understanding of why organisations often choose arbitration as their primary method for resolving disputes. You'll explore the factors influencing this decision and compare institutional and ad hoc arbitration. The course delves into the key provisions of the Arbitration Act 1996, which governs arbitrations in England and Wales. You'll also cover the different stages of arbitration, from commencement to enforcement, and identify crucial considerations for drafting an effective arbitration agreement.

  By the end of this course, you'll be able to:

  Evaluate why parties would choose to arbitrate

  Compare institutional and ad hoc arbitration arrangements

  Understand the key provisions of the Arbitration Act 1996

  Summarise the key stages in an arbitration, from commencement through to enforcement

  Identify different issues that parties will need to consider when drafting an arbitration agreement

  
  

• Certification

  Upon completion of the course, you will be awarded a digital certification.
  
  To earn your certificate for this course, you need to successfully complete the assessment with a score of 80% or higher. Once you pass the assessment and the invigilation check, you'll receive your digital certificate the following month. Your certification will be sent directly to your registered email address.