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DRFLK1 · 14 topics

Dispute Resolution SQE notes.

Civil litigation, ADR, and court procedures. Below: a preview of the notes, all 14 topics, sample questions with worked explanations, and the first chapter of the Dispute Resolution study guide to download free, all mapped to the SRA’s FLK1 specification.

Free sample chapter

The first chapter of the Dispute Resolution study guide, with five worked questions, as a PDF and EPUB. The full guide is £9.99 on its own, and every subject is included with lifetime access.

From the notes

Topic 01: Dispute Resolution Mechanisms

How the Dispute Resolution notes read. Every one of the 14 topics is written the same way: the rule, the trap the examiners set, and a worked question.

When clients face a dispute, one of the most important decisions you'll make as a solicitor is HOW to resolve it. Should they go to court? Try mediation? Use arbitration? Each option has different costs, timelines, procedures, and outcomes. Your choice affects your client's wallet, stress levels, and the final result.

  • Court has extensive powers to compel disclosure, evidence, and attendance
  • Judgments are enforceable through various methods (bailiffs, charging orders, etc.)
  • Creates binding precedent for future cases
  • Public proceedings promote transparency and justice
SQE1 Exam Focus: Examiners love testing: (1) When is mediation appropriate vs litigation? (2) What happens if a party unreasonably refuses ADR? (3) The Halsey principles on costs sanctions. (4) Key differences between arbitration and litigation (privacy, enforceability, appeal rights). (5) The court's power since 1 October 2024 to ORDER parties to use ADR (Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416).

Full notes for all 14 topics are included with lifetime access, or as the Dispute Resolution study guide (£9.99).

All 14 topics in Dispute Resolution

SRA-aligned
  1. 01

    Dispute Resolution Mechanisms

    Comparison of ADR methods (arbitration, mediation) and litigation for resolving civil disputes

    Free
  2. 02

    Pre-Action Considerations

    Limitation periods, pre-action protocols, and preliminary steps before issuing proceedings

  3. 03

    Commencing a Claim

    Court jurisdiction, issuing proceedings, and service of claim forms

  4. 04

    Responding to a Claim

    Defendant's options and responses to civil proceedings

  5. 05

    Statements of Case

    Structure, content, and amendments of statements of case in civil proceedings

  6. 06

    Interim Applications

    Court applications before trial - getting urgent help from the judge while your case is ongoing

  7. 07

    Case Management

    Overriding objective and how courts keep cases on track towards trial

  8. 08

    Evidence

    Rules of evidence, witness statements, and expert testimony in civil proceedings

  9. 09

    Disclosure and Inspection

    Disclosure obligations, document inspection, and privilege in civil proceedings

  10. 10

    Trial Preparation

    Getting ready for trial - bundles, skeleton arguments, and timetables

  11. 11

    Trial Procedure

    Conduct of a civil trial - advocacy, evidence, and judgment

  12. 12

    Costs

    Costs management, assessment, and orders in civil litigation

  13. 13

    Appeals

    Appeal procedure, grounds, and appellate court powers

  14. 14

    Enforcement of Judgments

    Enforcing money judgments and recovering debt

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4 sample DR questions

Real SBA questions from the Dispute Resolution bank, with the full explanation. The paid bank covers all 14 topics and difficulty levels.

A man is considering suing a former business partner for £75,000 over a broken profit-sharing promise. He tells his solicitor that he will go to court only if three things can be arranged: that no competitor learns what is said about his profit margins, that the claim is heard by a judge who has worked in his industry, and that he and his former partner can fix their own timetable and depart from the court's rules where those rules are inconvenient.

Will a claim in the civil courts give the man the three features he requires?

  1. No, because civil hearings are public and the court, not the parties, controls the judge, the procedure and the timetable. Correct
  2. No, because although civil hearings are held in private, the parties cannot select their judge or set their own timetable.
  3. Yes, because the parties may agree their own procedure and timetable and depart from the Civil Procedure Rules by consent.
  4. Yes, because the court will, on request, list a claim of this size before a judge with experience of the parties' industry.
  5. Yes, because statements of case and judgments are confidential to the parties, so nothing said about his margins can be reported.
Why: The correct answer is A. Litigation is a public process conducted under rules the parties do not control. The general rule is that a hearing is to be in public (CPR 39.2), judgments are given publicly, and a non-party may generally obtain a copy of a statement of case (CPR 5.4C), so a competitor could learn what the man says about his margins. Procedure is governed by the Civil Procedure Rules, case management and listing belong to the court, and no party may select the judge. Public judgments also create precedent. Privacy, a chosen expert decision-maker and an agreed timetable are the characteristic advantages of arbitration, not of litigation. B is incorrect because it reaches the right conclusion for the wrong reason: civil hearings are held in public, and the court may sit in private only where that is necessary in the interests of justice. C is incorrect because the parties cannot contract out of the Civil Procedure Rules; only limited time limits may be varied by agreement, and never a hearing or trial date. D is incorrect because allocation and listing are matters for the court, although some specialist courts have judges experienced in particular fields. E is incorrect because statements of case and judgments are not confidential to the parties, which is exactly why litigation cannot deliver the confidentiality the man wants.
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