Accueil > Dispute resolution

KDEC 6075 - DISPUTE RESOLUTION

Type d'enseignement : Seminar

Semester : Autumn 2017-2018

Number of hours : 24

Language of tuition : English

Pre-requisite

Students are encouraged, but not obliged, to follow Mr. LEGRAND's course on "Comparative legal reasoning" and/or Mrs P. PATERSNON course on " Torts".

Course Description

This course will examine how non criminal legal disputes (civil actions) are resolved both in the common law courts and outside them (Alternative Dispute Resolution) with comparative references being made to private and administrative law courts and processes in the civilian tradition. The emphasis, then, will primarily be on the English legal civil process (and the alternatives to this process), but comparisons will be made mainly with the French courts and procedures. Of particular importance will be the way in which legal disputes are handled including, for example, aspects relating to document disclosure and legal privilege, witness and expert evidence, cross-examination and navigating settlements. Furthermore the nature of legal actions and remedies will be examined in some detail as they are, especially in the common law tradition, an important litigation link between procedure and substantive law. In addition, the important changes in the structure and financing of legal services in England and Wales will also be examined.

Teachers

ROSHER, Peter (Equity partner)

Pedagogical format

Each weekly two-hour course will be divided into two parts. The first part will consist primarily of an introduction to the topic to be studied. The second part will consist of a seminar in which students will be expected to discuss a set reading programme together with a series of seminar questions posed by the lecturer. It will also involve practical case-studies, a mock cross-examination exercise and a mock mediation. In addition to Mr Rosher, the aim is very much to involve a variety of guest practitioners including a barrister, a mediator, a technical expert, etc.

Course validation

A final exam (2h, 100% of the final grade) will consist of three questions of which two must be answered.

Workload

Students will be expected to study a range of doctrinal texts, reports, cases and statutes for each weekly class. Some reading material will be provided by the teacher; other reading material will be indicated in the course texts. Students will also be expected to research material in the library and/or on the internet.

Required reading

  • Legrand, P. & Samuel, G., Introduction au common law (La Découverte, Paris, 2008) ("Repères", nº 514) (preliminary reading)
  • Elliot, C. & Quinn, F., English Legal System (Pearson, 13th ed., 2012)
  • Partington, M., Introduction to the English Legal System (Oxford University Press, 6th ed., 2011) (introductory book).
  • Zander, M, Cases and Materials on the English Legal System (Cambridge University Press, 10th ed, 2007)
  • Perrot, R, Institutions judiciaires (Montchrestien, 14th ed, 2010) (supplementary text)