DAY ONE
“The English Legal System” (Courts, Judges, Lawyers, Civil & Criminal Procedure)
9.15: Coffee
9.30: INTRODUCTION: Common Law
Session One
Background and Court Hierarchy
Sources of law: English & European legislation, Precedent,
Judicial interpretation
Nature of British Constitution, Separation of Powers, the Rule of Law,
Equity, independence of the judiciary, court hierarchy
Court structure: divisions of the High Court, county courts,
Magistrates’ courts, crown courts, coroners’ courts, judges
Appeals: Crown Court, High Court, Court of Appeal, Supreme Court, Privy Council
11.15: Coffee / Tea
11.30: Session Two
Legal Profession in England and Wales
Solicitors, barristers, notaries public, patent agents, “lawyers”, “counsel”
Routes to qualification; modes of practice,
Areas of work: contentious & non-contentious
Sole practitioners, partnerships, limited liability partnerships
Multi-disciplined partnerships, “alternative business structures” (ABS) from Oct 2011
Advocacy, rights of audience, “officers of the court”,
Conducting litigation: being “on the record”, undertakings to the court
Other legal professionals: legal executives, licensed conveyancers, “para-legals”, costs lawyers (draftsmen)
Forms of address and description in court, court attire,
The Law Society, Solicitors Regulation Authority, Inns of Court, Bar Council
Legal Ombudsman: professional negligence
Multi-disciplined partnerships
1.00: Lunch
2.30: Session Three
Proceedings in Court
Civil and criminal proceedings: different aims, parties and procedure: defamation trials
Standards of proof: verdicts and judgments: quantum and liability
Evidence and proof: evidence on oath, calling witnesses, perjury, corroboration, exhibits
Witness statements, affidavits, examination of witnesses, hostile witnesses, leading questions
Contempt of court, civil and criminal
Hearings and trials, judges and juries
Reading law reports
3.45: Tea / Coffee
4.00: Session Four
Litigation Terminology
Changes in civil terminology and procedure since 1999
Issue of civil proceedings: claim form, statements of case
Service of proceedings, interim and interlocutory applications and orders
Judgments, enforcement of judgments
Limitation periods, claims statute-barred, laches
Alternative Dispute Resolution (ADR): arbitration, conciliation, mediation
5.30: course ends
DAY TWO
Key Terminology and Concepts in Common Law: Contract & Civil Liability
8.45 Coffee
9.00: INTRODUCTION: What is Common Law?
Session One: Contract Formation
Pre-conditions: Legal Capacity, defined parties, lawful object, intention to create legal relations
Agreements and contracts
The doctrine of Consideration as an essential element in contract formation
Void and voidable contracts
Representations, warranties, conditions: how they differ
Meanings and use of Guarantees: compare guarantees and indemnities
Negotiations and correspondence “subject to contract”
Legal status of Heads of Agreement, Comfort Letter
Offer and acceptance: a counter-offer
Negotiating in “good faith”
Agency, Powers of Attorney, Proxies: meanings, differences, uses
11.00 Tea / Coffee
11.15: Session Two: Remedies for Breach of Contract
Under Common Law: damages: meaning and purpose of damages
Evidence of loss: foreseeability: causation: duty to “mitigate”
Liquidated damages and “penalties”: test of enforceability
Availability of claims for “Quantum Meruit”
Equitable (discretionary) remedies for breach: Specific Performance, Injunction, Rescission, and Rectification
Frustration of contract
Inadmissibility of dispute / settlement correspondence “without prejudice”.
1.00: Lunch
2.30: Session Three: Some Common Contract Clauses and Terminology
Statement of parties, preamble, consideration,
Meaning of “time to be of the essence of the contract”
Entire Agreement
No Waiver
Exclusion clauses
Assignment
Severance
Indemnity
3.30: Tea / Coffee
3.45: Session Four: Litigation Terminology and Limitation Periods
Causes of action: tort: negligence, defamation
The 1999 terminology changes
Claim Form and Statements of Case
Issue and service of proceedings
Disclosure (formerly “Discovery”): affidavits
Hearings and Trials
Interlocutory applications and orders: interim orders
Orders and judgments
Orders for costs: “costs follow the event”
Vicarious liability, contributory negligence, burden of proof, standard of proof
Limitation of actions: various periods: claims “statute-barred”
Domicile, Contempt of Court, Solicitors’ Undertakings
Reading English Law reports
5.15-5.30: Course ends
