HD (89%) 2nd in course - Litigation & Dispute Management 2025 Summary Notes

Description

High distinction litigation & dispute management summary notes. Used these notes to learn the course and ranked second in course. Topics include: PRE-COMMENCEMENT WHAT JURISDICTION IS THE MATTER TO BE HEARD IN? PARTIES: LIMITATION PERIOD PRELIMINARY DISCOVERY ORIGINATING PROCESSES URGENT RELIEF Interlocutory injunction: Inspection, detention, custody and preservation of property: Freezing order (‘Mareva orders’): Search order (‘Anton Pillar order’): PLEADINGS: General pleadings: Statement of Claim: Particulars: Reply to defence: Can the pleadings be struck out: Can X depart from their pleadings DEFENDING PROCEEDINGS [DEFENDANT]: Has a NOITR or defence been filed? Defence: Are there information gaps or defects [ie. further and better particulars/ striking out]? Can D bring forward a counter claim/third-party claim? SERVICE: Personal service Ordinary service Is substituted service possible? MISTAKE OR AMENDMENT: Can a party amend originating processes? Can a party amend their pleadings? ENDING PROCEEDINGS EARLY: Can a party seek a discontinuance? Can a party seek a consent judgement? Is a party entitled to a default judgement? Can a party apply for a summary judgement? SETTLEMENT CALDERBANK OFFER: OFFER OF COMPROMISE: JUDGEMENT APPEAL APPEAL OF AN INTERLOCUTORY ORDER APPEAL OF A FINAL JUDGEMENT