Legal Practice Course 1

COMMERCIAL DISPUTE RESOLUTION

WORKSHOP 5
Workshop Description:

Context

The purpose of this Workshop is to pull together some of the procedures available in
dispute resolution that can be used in a tactical way to bring about an early end to the
proceedings or to enable the claimant to obtain their money earlier than trial or following
judgment. We will be looking in Workshop 9 at some specific methods of bringing about a
settlement. The purpose of this Workshop is to look at court and other procedures that
may have the effect of bringing about an early resolution of the litigation. In this context you
will be applying what you have looked at in the i-tutorial.

Outcomes

By the end of the Workshop you should be able to:

1. Advise your client on when and how they can make an application for security for
costs.
2. Draft a witness statement in support of such an application.
3. Analyse a case study and consider the appropriate approach to the recovery of a
client’s outstanding debts.
4. Advise the client on the advantages and disadvantages of the different approaches and
recommend a course of action.

Workshop Tasks

1. The workshop will begin with a review of the witness statement you have drafted
seeking security for costs.
2. You will then look at different types of recovery and enforcement procedures and how
they might be used to carry out your client’s instructions.

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1 Legal Practice Course

Preparation

1. Your preparation for this workshop will focus on the case study. You should complete
the exercise attached to these instructions. In order to complete this exercise you
should do the following:

y Read Commercial Dispute Resolution textbook Chapter 14.3

y Read Appendix 16 Commercial Court Guide in the Commercial Dispute

Resolution Resource Pack

y Consult the White Book on security for costs. You will find the relevant part of
the White Book at Para 25.12.2 - Para 25.12.9. The White Book can be accessed
via Westlaw.

y You may find it useful to refresh your memory of interim applications by

watching stages 1 - 6 of i-Tutorial “Interim Applications” again.

2. You should read Commercial Dispute Resolution textbook Chapter 14.4.5

3. You should review your civil litigation notes on applying for summary judgment and
read Part 24 of CPR.

4. You should review the Test and Feedback exercise you did in Civil (Workshop 4) on
interim payments and read Civil Litigation textbook Chapter 9.7.

5. You should watch i-tutorial “Interim Applications” from stage 7 to the end.

6. You should watch i-tutorial “Putting on the Pressure” stages 1 - 4 (inclusive).

7. You should revise your knowledge of enforcement using either your Civil notes or by
reading Chapter 14.5 of the Commercial Dispute Resolution textbook. There is no
need to do both.

8. You should complete Test and Feedback exercise 5

Materials Required for the Workshop

Please bring with you to the Workshop:

1. Your answer to the preparatory exercise

2. CDR case study
3. Your Commercial Dispute Resolution Resource Pack
4. Commercial Dispute Resolution and Civil Litigation textbooks
5. Any notes you have made reminding yourself of summary judgment, interim payments
or enforcement

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