Module: LAW6002-20 Civil Litigation and Case Management with Advocacy and Mooting

Level: 6

Credit Value: 20

Module Tutor:  Jeffrey Wale

Module Tutor Contact Details: j.wale@bathspa.ac.uk

1. Brief description and aims of module:  

Whilst alternative dispute resolution (‘ADR’) routes are promoted through the civil justice system, the courts and litigation remain the route for the most serious, contentious and significant cases.  This civil litigation and case management module is highly applied; looking at the processes and rules as they relate to cases going through the civil court system.

This module considers the ‘life’ of a case from the point of instruction by a client to the final judgment and costs.

It will be of interest to any student who either hopes to practice law in the future, or for an organisation that may have to litigate, or to anyone who wishes to see how law is ‘done in practice’; the steps to be taken to get a case to court and resolved there.  It will provide opportunities to explore allied topics like ADR considerations and the rules of evidence.

Finally, this module exposes you to exciting, intellectual challenges involved in the art and craft of advocacy - the arguing for and on behalf of another, normally a client in legal practices, which is an invaluable skill which can be transferred and applied to any profession – and mooting – “the argument of the legal issues raised by a hypothetical case which takes place in the imaginary setting of a court of law” (Snape and Watt, 2010, p.3).

In this module, you will be able to demonstrate the following graduate attributes:

• Will be employable:  Equipped with the skills necessary to flourish in the global workplace, able to work in and lead teams;

• Will be creative:  Able to innovate and to solve problems by working across disciplines as professional or artistic practitioners;

• Will be digitally literate:  Able to work at the interface of creativity and technology;

• Will be critical thinkers:  Able to express their ideas in written and oral form, and possessing information literacy.

2.Outline syllabus:

Topics covered might include:  The Civil Procedure Rules; taking instructions from clients; pre-action considerations and Protocols; tracks, claims and service; statements of case; responding to and defending a claim; case management; interim applications, including Part 36 offers; disclosure and inspection; witness, expert and other evidence; trials, settlements and appeals; costs and funding.

3.Teaching and learning activities:

You will be taught by way of 1x 1-hour lecture and 1x 2-hour seminar each week.  Lectures will introduce and explore substantive subjects as specified above.  Seminars will include a variety of activities including class discussion, scenario analyses, role-play, written and research exercises and other formative activities.  

It is also likely that practice management software will complement your learning on this module.

Assessment Item 1:

• Assessment Type: CW

• Description: Assessed moot

• % Weighting: 50%

Assessment Item 2:

• Assessment Type: Exam

• Description: Case documents and report (2,500 words)

• % Weighting: 50%