Civil Litigation Advanced

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