Why Dispute Resolution Rewards the Procedural Mind
Dispute Resolution (DR) is the single most procedural subject on FLK1. While Contract, Tort, and Business Law and Practice test substantive rules of liability, DR tests your command of the Civil Procedure Rules (CPR) — the architecture of how a civil claim moves from a letter of claim to a judgment, an enforcement notice, and ultimately a distribution to the successful party. The SRA's published assessment specification gives DR a substantial slice of the FLK1 paper, typically 20–25 questions in any given sitting. You cannot pass FLK1 by memorising substantive law alone.
DR also rewards memorisation more than any other FLK1 subject. Limitation periods are fixed. Acknowledgement of service must be filed within 14 days. The track allocation thresholds are bright-line numbers. Part 36 has a procedural code that will not bend to your facts. If you have committed those rules to memory, you can answer most DR questions in under a minute. If you have not, you will lose marks regardless of how strong your underlying legal reasoning is.
There is one more reason DR deserves the time you give it. The same procedural framework recurs across other SQE1 subjects: Property Practice, Criminal Litigation (in FLK2), and Wills. Mastering CPR principles saves you marks across multiple papers. This guide sets out the rules, the deadlines, and the techniques that will let you score reliably on DR. Pair it with our SQE1 contract law revision guide and our SQE1 tort law revision guide to lock down the substantive subjects that DR most often interacts with.
The SQE1 Dispute Resolution Syllabus
Dispute Resolution is tested in the Functioning Legal Knowledge 1 (FLK1) paper. The format is single best answer multiple-choice questions (SBAs): a factual scenario followed by five answer options, no negative marking, roughly 1 minute 45 seconds per question. You can read the full assessment specification on the SRA's become a solicitor page.
The SRA's specification covers fourteen topic areas inside DR. The table below maps the core areas to what they cover and their primary source.
| Syllabus area | What it covers | Primary source |
|---|---|---|
| Forms of dispute resolution | Litigation, arbitration, mediation, expert determination | CPR + ADR Acts |
| Pre-action conduct | Letters of claim, protocols, sanctions | PD Pre-Action Conduct, sector protocols |
| Limitation periods | Contract, tort, latent damage, PI, defamation | Limitation Act 1980 (LA 1980) |
| Commencing proceedings | Claim form, particulars of claim, service | CPR Parts 7 and 6 |
| Responding to claims | AOS, defence, counterclaim, default judgment | CPR Parts 9, 10, 12, 15 |
| Statements of case | Defence, reply, additional claims (Part 20), amendments | CPR Parts 15–17, 20 |
| Track allocation | Small claims, fast, intermediate, multi-track | CPR Part 26 |
| Case management | Directions, costs management, disclosure, witnesses | CPR Parts 3, 29, 32, PD 57AD |
| Evidence | Witness statements, expert evidence, hearsay | CPR Parts 32–35, CEA 1995 |
| Interim remedies | American Cyanamid, search, freezing orders | CPR Part 25 |
| Settlement and Part 36 | Format, consequences, enhanced interest | CPR Part 36 |
| Trial and judgment | Bundles, examination, closing, judgment | CPR Parts 32, 39 |
| Costs | Fixed costs, indemnity vs standard, budgeting | CPR Parts 44–48 |
| Enforcement and appeals | Writ of control, charging order, third party debt orders, appeals | CPR Parts 70–73, 52 |
Treat the table as a checklist. Anything you cannot speak to confidently in two minutes is a revision priority.
Forms of Dispute Resolution
A dispute can be resolved through litigation in court, through arbitration, through mediation or other forms of ADR, or by expert determination. The DR exam tests both the formal mechanics of the court process and the parties' obligations to consider non-court alternatives.
Litigation vs Arbitration vs Mediation
| Feature | Litigation | Arbitration | Mediation |
|---|---|---|---|
| Decision maker | Judge | Arbitrator(s) chosen by the parties | None — mediator facilitates |
| Outcome | Binding judgment | Binding award (Arbitration Act 1996) | Binding only if recorded in a settlement agreement |
| Public or private | Public — open justice principle | Private | Private and confidential |
| Right of appeal | Yes — CPR Part 52 | Limited — s.69 AA 1996 (point of law) | None |
| Speed | Slow — months to years | Variable | Usually fast |
| Cost | High and unpredictable | Variable, often high | Lowest of the three |
| Choice of decision-maker | None | Yes — by agreement | The parties choose the mediator |
| Enforcement abroad | Bilateral treaties / Hague | New York Convention 1958 — easier | Mediated settlement is enforced as a contract |
The Court's Power and Duty to Consider ADR
Every party is required by the CPR overriding objective (CPR 1.1) and the pre-action conduct PD to consider ADR. Failure to do so can attract costs sanctions.
For many years the leading authority was Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576. The Court of Appeal held that a court could not compel unwilling parties into ADR — that would breach the right of access to a court — but it could draw adverse costs consequences from an unreasonable refusal.
That position has now changed. In Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ 1416 the Court of Appeal held that a court can lawfully compel parties to engage in non-court dispute resolution, provided the order does not impair the very essence of the right of access to a court and is proportionate. Following Churchill, the CPR were amended in October 2024 (and refined further into 2025) to add an express power to order parties to engage in ADR.
The practical exam consequence: the Halsey "unreasonable refusal" rule still drives costs orders, but the Churchill line means a court can now order parties into ADR before trial. Both authorities are fair game in DR questions — be ready to identify the principle in play.
Pre-Action Conduct
Before issuing a claim, the prospective claimant must comply with the Practice Direction on Pre-Action Conduct and Protocols (PD Pre-Action Conduct) and any specific pre-action protocol that applies to the dispute.
The Generic PD
Where no specific protocol applies, the generic PD requires:
- A letter of claim setting out the legal and factual basis of the claim, the remedy sought, and a deadline for response
- A reasonable opportunity for the defendant to investigate and respond
- An exchange of key documents
- Genuine consideration of ADR
Specific Protocols
The CPR contains protocols for particular types of dispute. The most commonly tested on SQE1 are:
- Personal Injury Pre-Action Protocol
- Pre-Action Protocol for Professional Negligence
- Pre-Action Protocol for Construction and Engineering Disputes
- Pre-Action Protocol for Debt Claims
- Pre-Action Protocol for Resolution of Clinical Disputes
Each protocol prescribes a letter of claim, a response period (often 21 or 28 days from acknowledgement), an exchange of expert evidence, and a stocktake before issue.
Sanctions
Failure to comply with the PD or protocol can result in:
- A stay of proceedings until the parties have complied (CPR 3.1(2)(f))
- An adverse costs order — the non-complying party pays its opponent's costs even if it wins
- An adjustment to the interest on damages awarded
- An order debarring the non-complying party from raising matters that should have been disclosed at pre-action stage
The SQE1 frequently tests the consequence of failure to comply rather than the mechanics of the protocol itself. If you can identify the sanction that follows from non-compliance, you score the mark.
Limitation Periods
Limitation defences are bright-line tests built into the Limitation Act 1980. Memorise the table below until you can recite it under pressure.
| Cause of action | Standard period | Statutory anchor | Trigger date |
|---|---|---|---|
| Simple contract | 6 years | s.5 LA 1980 | Date of breach |
| Contract under deed (specialty) | 12 years | s.8 LA 1980 | Date of breach |
| Tort (general) | 6 years | s.2 LA 1980 | Date damage suffered |
| Latent damage in tort (other than personal injury) | 6 years OR 3 years from knowledge, capped at 15 years longstop | s.14A & s.14B LA 1980 | Cause accrual / date of knowledge |
| Personal injury | 3 years | s.11 LA 1980 | Date of injury or date of knowledge if later |
| Defamation and malicious falsehood | 1 year | s.4A LA 1980 | Date of publication |
| Recovery of land | 12 years | s.15 LA 1980 | Cause accrual |
| Action on a judgment | 6 years (interest 6 years) | s.24 LA 1980 | Date judgment enforceable |
| Fraud, concealment, mistake | Standard period runs from date of discovery (or reasonable discoverability) | s.32 LA 1980 | Date of discovery |
| Persons under disability | Period suspended until disability ends | s.28 LA 1980 | End of disability |
Date of Knowledge
For latent damage and personal injury claims, the limitation clock can run from the date of knowledge rather than the date of damage. The claimant has knowledge once they know — or could reasonably have known — the material facts about the damage and the identity of the defendant.
Court Discretion in Personal Injury
The court has a discretion under s.33 LA 1980 to disapply the 3-year personal injury limitation period where it is equitable to do so, having regard to factors including the length of and reasons for delay, the conduct of the defendant, and the prejudice caused.
Commencing Proceedings
A civil claim starts with the claim form (N1) issued by the court (CPR Part 7).
The Claim Form
The claim form must:
- State the names and addresses of the parties (CPR 16.2)
- Specify the remedy sought (damages, declaration, injunction, recovery of land, etc.)
- State the value of the claim where relevant (used for track allocation)
- Be verified by a statement of truth (CPR 22)
The particulars of claim can be served with the claim form or within 14 days of service of the claim form (CPR 7.4(1)). They set out the factual and legal basis of the claim.
Service Inside the Jurisdiction
Methods of service (CPR 6.3):
- Personal service
- First-class post or document exchange
- Email or fax (if the recipient has indicated willingness)
- Leaving the document at a permitted address
Deemed Service Dates (CPR 6.14)
The deemed date of service for a claim form served within the jurisdiction is the second business day after the relevant step (posting, leaving, transmission). This is a memorisation point that the SQE1 loves to test.
For other documents (CPR 6.26), the deemed date depends on the method:
- First-class post: second day after posting (provided that day is a business day)
- Document exchange: second day after leaving in DX
- Personal service before 4.30pm on a business day: that day; otherwise, the next business day
- Email before 4.30pm on a business day: that day; otherwise, the next business day
Service Outside the Jurisdiction
Service of a claim form outside the jurisdiction usually requires the court's permission (CPR 6.36). Permission is given where one of the jurisdictional gateways in PD 6B applies — for example, the contract was made within the jurisdiction, the breach occurred within the jurisdiction, or the tort was committed within the jurisdiction. Permission is not required where the defendant is in a state party to the Hague Convention 2005 and a relevant exclusive jurisdiction clause applies.
Responding to Proceedings
Once served, the defendant has a hard deadline to respond.
Acknowledgement of Service
The defendant has 14 days from service of the particulars of claim to file an acknowledgement of service (AOS) under CPR Part 10. Filing an AOS:
- Acknowledges receipt of the claim
- Indicates whether the defendant intends to defend
- May be a precursor to a jurisdictional challenge under CPR Part 11
Defence
The defendant must file a defence within 28 days from service of the particulars of claim, OR within 14 days if no AOS was filed (CPR 15.4). The parties may agree an extension of up to 28 days; any longer extension requires the court's consent.
Default Judgment
If the defendant fails to file an AOS or a defence within the prescribed time, the claimant may apply for default judgment under CPR Part 12. Default judgment is available for liquidated and unliquidated claims (with damages to be assessed for unliquidated claims).
Setting Aside Default Judgment
The defendant can apply to set aside a default judgment. The court must set aside default judgment if it was wrongly entered (CPR 13.2). The court has a discretion to set aside under CPR 13.3 if:
- The defendant has a real prospect of successfully defending the claim, OR
- There is some other good reason why the judgment should be set aside
The defendant must apply promptly. Delay is fatal to the discretion.
Statements of Case
Statements of case are the formal written documents that define the issues. They include the claim form, particulars of claim, defence, reply, counterclaim, additional claim under Part 20, and any further information ordered under Part 18.
The Defence
The defence must (CPR 16.5):
- State which allegations are admitted, denied, or neither admitted nor denied
- Give reasons for any denial
- Set out any positive case the defendant relies on (e.g. limitation, illegality, contributory negligence)
A bare denial — "I deny paragraph 5" — will not do. The defendant must explain the basis of the denial.
Reply
A reply is optional. A claimant uses a reply to deal with a positive case raised in the defence (e.g. to plead that the limitation period was extended by acknowledgement under s.29 LA 1980). A reply must not raise a new cause of action.
Counterclaim
A counterclaim is a defendant's claim against the claimant, brought as part of the same proceedings (CPR 20.4). It is a freestanding claim that survives even if the original claim is discontinued.
Additional Claims (Part 20)
Beyond simple counterclaims, Part 20 allows:
- A defendant to claim contribution or indemnity from another defendant (Part 20.6)
- A defendant to bring a third party into the proceedings (Part 20.7)
- A third party to bring a further additional claim against another person
Amendments (CPR 17)
A statement of case can be amended:
- Without permission — at any time before service (CPR 17.1(1))
- With consent of all other parties — at any time (CPR 17.1(2)(a))
- With permission of the court — at any time (CPR 17.1(2)(b))
After the limitation period has expired, an amendment to add or substitute a new claim is permitted only if it arises out of the same facts as the existing claim (CPR 17.4(2)).
Part 18 Requests
Either party can serve a request for further information under CPR 18, asking the other party to clarify or expand on a matter contained in a statement of case. The court can order compliance.
Track Allocation
After a defence is filed, the court provisionally allocates the claim to a track. The thresholds are crucial — the SRA tests them in almost every DR sitting.
| Track | Value of claim | Typical features |
|---|---|---|
| Small claims | Up to £10,000 (Up to £1,500 for housing disrepair; £1,000 for personal injury) | No costs recoverable beyond fixed amounts; informal procedure |
| Fast track | £10,001 to £25,000 | Trial within 30 weeks; one expert; fixed costs (post-October 2023) |
| Intermediate track | £25,001 to £100,000 | Introduced October 2023; cases of moderate complexity; fixed costs apply |
| Multi-track | Above £100,000 OR complex cases of any value | Full case management; costs budgeting; full disclosure |
The intermediate track was introduced by amendment to the CPR with effect from 1 October 2023 and applies to cases above £25,000 and up to £100,000 that can be tried in three days or fewer with no more than two experts per side. Most contested commercial matters above £25,000 will fall into the intermediate track unless they are unusually complex.
Provisional and Trial Damages
Two procedural mechanisms allow flexibility on quantum:
- Provisional damages (s.32A Senior Courts Act 1981, CPR 41.2) — awarded where there is a chance the claimant will develop a serious disease or condition in future. The claimant is awarded damages on the basis the condition will not develop, with a right to return for further damages if it does.
- Trial damages (CPR 41.7-41.10) — interim awards for periodical payments in catastrophic injury claims.
Case Management
Once allocated, the case is actively managed by the court under CPR Part 3 and Part 29.
Directions
The court issues directions setting deadlines for disclosure, witness statements, expert reports, trial bundles, and the trial window. Standard directions may be used for fast and intermediate track cases; multi-track directions are tailored.
Costs Management Orders
In multi-track cases above £25,000 (and below £10 million), the parties must file and exchange costs budgets in Precedent H format under CPR Part 3 Section II. The court approves or revises the budgets, and recoverable costs at the end of the case are usually limited to the approved figure unless there is a good reason to depart.
Disclosure
The disclosure regime for the Business and Property Courts is governed by Practice Direction 57AD (formerly the Disclosure Pilot, made permanent and refined). PD 57AD replaced standard disclosure for those courts and introduced a Disclosure Review Document (DRD) with a menu of five disclosure models:
- Model A — Disclosure confined to known adverse documents
- Model B — Limited disclosure (key documents relied on)
- Model C — Request-led, search-based disclosure of specific issues
- Model D — Narrative disclosure of all documents likely to be relevant (similar to old standard disclosure)
- Model E — Wide search-based disclosure (rare; reserved for fraud cases)
For claims outside PD 57AD, the default is standard disclosure under CPR 31.6: documents on which the party relies, documents that adversely affect that party's case or another party's case, and documents that support another party's case.
A party making disclosure must serve a list and a disclosure statement verifying the search and the certification of the list. After exchange, the parties may inspect each other's disclosed documents.
Interim Applications
Either party can apply for interim relief between issue and trial — orders for further information, summary judgment, strike-out, security for costs, interim payments, freezing orders, and search orders. The procedure for interim applications is set out in CPR Part 23.
Evidence
The DR exam tests the rules of evidence procedurally — how evidence is brought into the case, not the substantive question of weight or admissibility (which sits in Criminal Litigation on FLK2).
Witness Statements
Witness statements (CPR Part 32) are the principal vehicle for fact evidence at trial. A witness statement must:
- Set out the matters on which the witness will give evidence in chief
- Be in the witness's own words where practicable
- Be verified by a statement of truth
- Comply with PD 57AC in the Business and Property Courts (concise, no commentary, no recitation of documents)
A witness called at trial may not be allowed to give evidence outside the four corners of their statement without the court's permission.
Expert Evidence (CPR Part 35)
Expert evidence is restricted to that which is reasonably required to resolve the issues (CPR 35.1). The expert's overriding duty is to the court (CPR 35.3), not to the instructing party.
Key procedural rules:
- Permission is required before an expert may give evidence
- The court may order a single joint expert (SJE), particularly in fast and intermediate track cases
- The expert's report must be verified by a statement of truth in the form prescribed by PD 35
- The court can order the experts to discuss the issues and produce a joint statement of agreement and disagreement (CPR 35.12)
Hearsay
Hearsay evidence is admissible in civil proceedings under the Civil Evidence Act 1995. The party intending to rely on hearsay must serve a hearsay notice giving the other party an opportunity to call the maker of the statement for cross-examination. Failure to serve the notice does not make the evidence inadmissible — but it may be relevant to weight.
Without Prejudice
Communications made in a genuine attempt to settle a dispute are protected by the without prejudice rule. They are inadmissible in evidence and cannot be referred to at trial. A "without prejudice save as to costs" letter is admissible on the question of costs only (the so-called Calderbank approach), although Part 36 has largely supplanted Calderbank offers in practice.
Interim Remedies and Injunctions
Interim Injunctions
The general test for an interim injunction comes from American Cyanamid Co v Ethicon Ltd [1975] AC 396:
- Is there a serious question to be tried? (a low threshold — not whether the claimant will probably succeed)
- Are damages an adequate remedy for either side?
- Where does the balance of convenience lie?
- If the balance is even, the court should preserve the status quo
The claimant must give a cross-undertaking in damages — a promise to compensate the defendant if the injunction turns out to have been wrongly granted.
Search Orders
A search order (originally an Anton Piller order) permits the claimant to enter the defendant's premises and seize evidence. Available where:
- The claimant has an extremely strong prima facie case
- There is a real possibility that the defendant will destroy evidence
- The damage to the claimant if no order is made would be very serious
Search orders are granted sparingly and require strict compliance with safeguards including the presence of a supervising solicitor.
Freezing Orders
A freezing order (Mareva injunction) prevents the defendant from disposing of assets that might otherwise be available to satisfy a judgment. Granted where:
- The claimant has a good arguable case
- There is a real risk of dissipation
- It is just and convenient to grant the order
The order does not give the claimant priority over other creditors; it merely preserves assets pending judgment.
Interim Payments
Under CPR Part 25.6, the court may order an interim payment if:
- The defendant has admitted liability
- Judgment has been entered with damages to be assessed
- The court is satisfied that the claimant would obtain judgment for a substantial amount
Interim payments are typically used in catastrophic personal injury cases where the claimant needs early funding for care.
Part 36 Offers
Part 36 is a self-contained procedural code for offers of settlement with built-in costs and interest consequences. Examiners test it relentlessly because the rules are bright-line and easy to write a question around.
Form and Service
A Part 36 offer must:
- Be in writing
- State that it is made under Part 36
- Specify a relevant period of not less than 21 days for acceptance (the relevant period runs until the offer is accepted, withdrawn, or trial begins, but the costs consequences of unaccepted offers are calculated by reference to that 21-day window)
- Be served on the offeree
Acceptance
If accepted within the relevant period:
- The claim is stayed
- The defendant pays the agreed sum
- The defendant pays the claimant's costs on the standard basis up to the date of acceptance
Rejection — Costs Consequences if Claimant Beats Their Own Offer at Trial (CPR 36.17(4))
If the claimant has made a Part 36 offer and the judgment at trial is at least as advantageous to the claimant as the proposals in the offer, the court must (unless it is unjust to do so) order:
- Interest on the sum awarded at up to 10% above base rate
- Costs on the indemnity basis from the end of the relevant period
- Interest on those costs at up to 10% above base rate
- An additional amount equal to 10% of the first £500,000 of damages, plus 5% of damages above £500,000 up to a cap of £75,000
Rejection — Costs Consequences if Defendant's Offer Not Beaten at Trial (CPR 36.17(3))
If the claimant rejects a defendant's Part 36 offer and the judgment at trial is not more advantageous to the claimant than the offer, the court must (unless unjust) order:
- The claimant to pay the defendant's costs from the end of the relevant period
- Interest on those costs
Withdrawal
A Part 36 offer can be withdrawn before acceptance, but only after the relevant period has expired. Within the relevant period the offer can only be withdrawn with the court's permission.
The Part 36 mechanics are exam gold. Drill the form, the relevant period, and the costs consequences in our flashcards until you can recite them in your sleep.
Trial
Trial Bundles
The parties must agree and prepare a trial bundle (CPR 39.5 and PD 32) containing the statements of case, witness statements, expert reports, contemporaneous documents, and a chronology. The bundle must be paginated, indexed, and lodged with the court a set period before trial.
Opening Submissions
In multi-track and intermediate track cases the claimant typically opens by outlining the issues and the burden of proof. Some courts prefer a written skeleton in lieu of oral opening.
Examination
The order of evidence is generally:
- Examination-in-chief (claimant's witness): typically by reference to the witness statement, which stands as the evidence-in-chief
- Cross-examination by the defendant
- Re-examination by the claimant on matters arising
The defendant's witnesses follow the same sequence with the parties reversed.
Closing Submissions
Either oral or written — and increasingly written followed by oral submissions on points the judge wants to explore.
Judgment
The judge gives judgment, either at the end of the hearing or in a reserved written judgment. The judgment is drawn up as an order, and the costs are usually addressed at that hearing.
Costs
Costs sit on the standard basis or the indemnity basis. The distinction is critical.
| Feature | Standard basis | Indemnity basis |
|---|---|---|
| Burden of proof | On the receiving party | On the paying party |
| Test | Costs proportionately and reasonably incurred | Costs reasonably incurred (no proportionality test) |
| Resolved doubts | In favour of the paying party | In favour of the receiving party |
| When awarded | Default basis (CPR 44.4) | Where misconduct, beating Part 36 offer, fraud |
Fixed Costs
Since 1 October 2023, fixed costs apply to nearly all fast-track cases and to most intermediate-track cases. The amount of recoverable costs is laid down by tables in CPR 45 and PD 45, calculated by reference to the band of the claim and the stage at which it is concluded. The aim is to give parties certainty and to control costs in modest claims.
Fixed costs do not generally apply in:
- Multi-track cases (cost-budgeted instead)
- Most personal injury claims involving children, protected parties, or fatal accidents
- Some specialist claims (clinical negligence above a value threshold)
Costs Budgeting
In cost-budgeted cases (multi-track, value usually below £10 million), the parties exchange Precedent H budgets, the court approves them at a CCMC, and recoverable costs at the end of the case are limited to the approved budget unless there is a good reason for departing.
Assessment
Where the costs are not fixed and cannot be agreed, they are subject to detailed assessment by a costs officer. Summary assessment is used for the costs of an interim hearing of one day or less.
Judgments and Enforcement
A judgment is only as good as the enforcement steps that follow. Candidates routinely lose marks here because they overlook the practical reality that an unenforceable judgment is no better than no judgment at all.
The principal methods of enforcement are:
| Method | What it does | When to use |
|---|---|---|
| Writ of control (High Court) / Warrant of control (County Court) | Authorises the High Court Enforcement Officer (HCEO, formerly sheriff) or County Court bailiff to seize and sell goods | Debtor has visible assets; sums above £600 must usually be enforced in the High Court |
| Attachment of earnings order | Deducts a fixed sum from the debtor's wages | Debtor is in stable employment |
| Charging order | Charges the judgment debt against the debtor's interest in land | Debtor owns property |
| Order for sale | Forces sale of land subject to a charging order | Where charging order has not produced payment |
| Third party debt order | Freezes and pays out money held by a third party (e.g. the debtor's bank account) | Debtor has an identifiable bank account or third-party debt |
| Winding up petition (company) | Petition to wind up the company on insolvency grounds | Debtor is a corporate debtor and the debt exceeds the threshold (currently £750) |
| Bankruptcy petition (individual) | Petition to bankrupt the individual | Individual debtor and debt of £5,000 or more |
A judgment carries statutory interest at 8% under the Judgments Act 1838 (for High Court judgments) until satisfied. County court judgments above £5,000 also carry interest.
For sums between £600 and £5,000 the claimant may transfer the judgment to the High Court for enforcement by HCEO under the High Court and County Courts Jurisdiction Order 1991. Below £600, enforcement must be in the County Court.
Appeals and Reviews
Permission to Appeal
A party seeking to appeal generally needs permission to appeal under CPR Part 52. Permission can be sought from the lower court at the time of the decision, or from the appeal court if the lower court refuses.
Test for Permission
Permission is granted where:
- The appeal has a real prospect of success, OR
- There is some other compelling reason for the appeal to be heard
Time Limits
The appellant's notice must be filed within 21 days of the decision being appealed, unless the lower court directs otherwise (CPR 52.12). Permission applications and the substantive appeal are typically determined together by the appeal court.
Grounds
Appeals are usually limited to a review of the lower court's decision, not a rehearing. The appeal court will allow an appeal where the decision was:
- Wrong (in fact, in law, or in the exercise of discretion), OR
- Unjust because of a serious procedural or other irregularity
Second Appeals
A second appeal (an appeal from a decision of an appeal court) requires permission from the Court of Appeal under CPR 52.7, which is given only where the appeal raises an important point of principle or practice, or there is some other compelling reason.
Common SQE1 DR Mistakes
- Misremembering deadlines. AOS is 14 days, defence is 28 days from particulars (or 14 from AOS if no AOS filed), Part 36 relevant period is 21 days, appellant's notice is 21 days. Mix any of these up and you lose the mark on the spot.
- Confusing the two costs bases. Standard basis = proportionate and reasonable, doubts in favour of paying party. Indemnity basis = reasonable only, doubts in favour of receiving party. The difference often controls the right answer.
- Treating Halsey as if it still says ADR cannot be compelled. Churchill v Merthyr Tydfil [2023] reversed that. Update your notes.
- Forgetting the latent damage extension. s.14A LA 1980 gives a 3-year extension from date of knowledge in non-PI tort claims, capped by a 15-year longstop in s.14B. Apply it to professional negligence questions especially.
- Mixing up the small claims and fast track thresholds. Small claims = up to £10,000; fast track = up to £25,000; intermediate track = up to £100,000. Below £1,000 in PI personal injury keeps the claim in small claims.
- Confusing application for default judgment with summary judgment. Default judgment (Part 12) is awarded where the defendant has not engaged. Summary judgment (Part 24) is awarded against an engaged opponent who has no real prospect of success.
- Ignoring the 21-day relevant period for Part 36. Outside the relevant period, the costs consequences in CPR 36.17 cease to apply automatically — though the court still has discretion to take the offer into account.
How to Structure Your DR Revision: A 5-Week Plan
Week 1 — Frameworks and Limitation
Build your foundations. Read the CPR overview. Make a single-page chart of the limitation periods and learn it cold. Cover pre-action conduct and the consequences of non-compliance. Note the Halsey / Churchill update on compelled ADR.
Week 2 — Issuing, Service and Defence
Cover Parts 6, 7, 9, 10, 12, and 15. Drill the deadlines: AOS 14 days, defence 28 days, deemed service second business day. Practise the order in which a claim form, particulars, AOS, and defence appear in a procedural timeline.
Week 3 — Statements of Case, Track Allocation, and Case Management
Move into Part 16 (statements of case), Part 17 (amendments), Part 18 (further information), Part 20 (additional claims), Part 26 (track allocation), and Part 29 (multi-track). Memorise the track thresholds and the fixed costs regime.
Week 4 — Evidence, Interim Remedies, Part 36
Cover Parts 32, 35, and 36 in detail. Drill the American Cyanamid test and the requirements for search orders and freezing orders. Memorise every element of Part 36 — form, relevant period, costs consequences, additional amount, withdrawal. Read our deeper dispute resolution study materials for further drilling.
Week 5 — Costs, Enforcement, Mocks, and Weak Spots
Cover Parts 44–48 (costs) and Parts 70–73 (enforcement). Spend the last three days on full timed mocks. Focus on the weak topics that emerge. Pair with our SQE1 MCQ technique guide to sharpen single-best-answer technique.
Final Thoughts
Dispute Resolution rewards memorisation, repetition, and pattern recognition. The candidate who knows the deadlines, the thresholds, the costs bases, and the Part 36 mechanics will outscore one who relies on common-sense reasoning. The CPR is not a guide to fairness — it is a code, and you are tested on the code.
To turn this guide into exam-ready recall, work through these in order:
- Start with our free quick quiz to benchmark where you stand
- Drill DR rules and Part 36 mechanics with our flashcards
- Read the deeper dispute resolution study materials for topic-by-topic coverage
- Sharpen your single-best-answer technique with our SQE1 MCQ technique guide
- Pair this with our SQE1 contract law revision guide and SQE1 tort law revision guide to lock down the substantive subjects DR most often interacts with
- Anchor your overall plan with the pillar how to pass SQE1 in 2026 guide
- Compare DR's difficulty against the rest of the syllabus in our hardest subjects ranked breakdown
- Layer it with the flashcard and spaced repetition strategy for long-term retention
- Explore pricing plans for full access to our practice bank and mock exams
DR is procedural. The framework is fixed. The candidate who knows the timetable and applies it walks into the FLK1 paper with a substantial advantage. Build the timetable, drill the rules, learn the cases that anchor the principles, and practise relentlessly. Good luck with your dispute resolution revision for SQE1 in 2026.