Through studying this course the learner will understand:
The general jurisdiction of the County Court and the High Court and the procedure for both private and State funding
The matters to be considered when advising a Client in respect of a proposed Claim
The steps needed to be taken before a Claim is issued and the reason for Pre-action Protocols
The differences between a Claim for a specified amount and a Claim for an unspecified amount
How to draft a letter of Claim and the Particulars of Claim
The procedural steps from inception to Judgment in respect of both a Claim for a specified amount and a Claim for an unspecified amount where the Defendant makes no response to any of the process
The procedural steps from inception to Judgment in respect of both a Claim for a specified amount and a Claim for an unspecified amount where the Defendant files a Defence and explain the burden of proof in a civil trial
The different methods of service of a Claim Form
The different reasons for making an Application for Summary Judgment and the procedural steps in respect thereof
The procedural steps from inception to Judgment in respect of a Claim allocated to the Small Claims Track where the Defendant files a Defence
How to represent your Client before a District Judge or High Court Master on an Interim Application or on a Small Claims Track Hearing
The different types of tracks that operate in respect of a Claim and the difference between them
The different types of Statements of Case and the function of each
The importance of Disclosure and Case Management and how they both operate
The advantage of a payment into Court and how it affects the question of costs
The different ways in which a Judgment can be enforced
How to advise a Client in a litigation case
Coursework: Achievement test and written assignment.
This unit requires approximately 50 hours to complete, though the actual time may vary depending on individual study habits, experience and pace.