SQE1 · FLK1
Dispute Resolution
Civil procedure, ADR, arbitration.
CPR procedure, ADR routes, costs, evidence and enforcement that account for the largest single share of FLK1.
Dispute Resolution in SQE1 FLK1
Dispute Resolution is civil litigation under the Civil Procedure Rules from first instruction to enforcement, plus the ADR alternatives. It is one of the largest FLK1 areas and is relentlessly procedural — track allocation, time limits and costs consequences dominate.
What’s tested
- Analysing a claim: cause of action, limitation periods (Limitation Act 1980) and pre-action conduct
- Choosing the court and track: small claims, fast track, intermediate and multi-track thresholds
- Statements of case: claim form, particulars of claim, defence, and amendments
- Interim applications, default and summary judgment, and interim costs
- Disclosure and inspection under CPR Part 31 and the duty of standard disclosure
- Evidence: witness statements, expert evidence and the rules on hearsay in civil cases
- Part 36 offers and the costs consequences of beating or failing to beat them
- Trial, judgment, and enforcement of money judgments
- ADR: mediation, arbitration and the costs risk of unreasonably refusing ADR
Leading cases to know
- Denton v TH White — relief from sanctions, the three-stage test
- Halsey v Milton Keynes General NHS Trust — costs and unreasonable refusal to mediate
- Three Rivers DC v Bank of England (No 6) — legal advice privilege
Key statutes and rules
- Civil Procedure Rules — the master framework (esp. Parts 7, 16, 31, 36)
- Limitation Act 1980 — limitation periods for contract, tort and personal injury
- Arbitration Act 1996 — the arbitral route and the court's supporting powers
- Senior Courts Act 1981 — the courts' jurisdiction and interim remedies
Common SBAQ traps
- Mixing up the track financial thresholds, or the time limits for filing an acknowledgment of service vs a defence
- Forgetting that the limitation clock for a latent personal-injury claim can run from the date of knowledge
- Assuming the loser always pays — Part 36 and conduct can reverse the usual costs order
How to revise Dispute Resolution for FLK1
Build a timeline of a claim and hang every rule off it: limitation, pre-action, issue, service, defence, directions, disclosure, trial, enforcement. Memorise the track thresholds and the Part 36 costs consequences, then test yourself with scenario MCQs that turn on a single deadline.
Go deeper
Free revision notes — Dispute Resolution
Dispute Resolution is the heaviest subject by question volume in FLK1. Almost all CPR mechanics are examinable: pre-action protocols, track allocation, disclosure, witness statements, expert evidence, interim applications, costs, and enforcement. The SRA expects candidates to know specific CPR rule numbers, not just general principles.
Pre-action and starting a claim
Pre-action protocols (Practice Direction — Pre-action Conduct and Protocols) require parties to exchange information, set out their cases, and attempt settlement before issuing. Non-compliance can lead to costs penalties. Claims are started by issuing a Claim Form (CPR Part 7 for most claims; Part 8 for non-contentious matters). Particulars of Claim can be served separately within 14 days of service of the Claim Form (CPR 7.4). Service within 4 months of issue in England and Wales (CPR 7.5). An Acknowledgment of Service gives the defendant 28 days from service of Particulars to file a Defence (not 14).
Track allocation
Small Claims Track: claims up to £10,000 (personal injury up to £1,500; housing disrepair up to £1,000/£1,000). Fast Track: £10,001–£25,000, trial within 30 weeks, limited to one expert per side, fixed trial costs. Multi-Track: above £25,000 or complex litigation regardless of value. Claimant files Directions Questionnaire (N181 for fast/multi). Standard Disclosure (CPR 31): documents a party relies on, documents that adversely affect their case, documents that adversely affect another party's case, documents that support another party's case.
Interim applications and costs
Interim injunctions: American Cyanamid test — serious question to be tried; damages adequate remedy for claimant; balance of convenience. Summary judgment (CPR Part 24): no real prospect of success, no other compelling reason for trial. Unless the court orders otherwise, the general rule is costs follow the event (CPR 44.2). Part 36 offers: if a claimant fails to beat a defendant's Part 36 offer, the defendant recovers costs from expiry of the relevant period plus enhanced interest. Claimant's Part 36 offer: if not beaten at trial, claimant gets enhanced damages, interest, and indemnity costs.
ADR and arbitration
The court can order parties to engage in ADR (following Churchill v Merthyr Tydfil [2023] EWCA Civ 1416, which confirmed the court's power to stay proceedings to compel ADR in appropriate cases). Arbitration is governed by the Arbitration Act 1996: supervisory jurisdiction of the courts, section 69 appeals on points of law (can be excluded by agreement), enforcement of foreign awards under the New York Convention 1958. Mediation is non-binding; expert determination may be binding depending on the contract.
Common pitfalls
- Getting the Defence deadline wrong: it is 14 days from service of Particulars (if no Acknowledgment) or 28 days from service of Particulars (if Acknowledgment filed).
- Confusing track allocation thresholds — the personal injury threshold for Small Claims is £1,500, not £10,000.
- Forgetting the Part 36 distinction: the claimant must beat their own offer at trial; the defendant must beat theirs.
- Missing that Standard Disclosure requires production of adverse documents, not just supportive ones.
Exam tip
Memorise the specific CPR rule numbers for key rules: CPR 7, 15, 24, 31, 36, 44. FLK1 questions routinely test exact procedural knowledge, not general understanding.
Bank size: 93 questions. We grow the bank weekly.
Dispute Resolution — frequently asked questions
What's tested in SQE1 Dispute Resolution?
Dispute Resolution (FLK1) covers civil litigation under the Civil Procedure Rules: analysing a claim and the limitation period, pre-action conduct, choosing the right court and track, statements of case, case management, disclosure and inspection, evidence and witnesses, interim applications, trial, costs and enforcement of judgments, plus alternative dispute resolution such as mediation and arbitration.
Do I need to know CPR rule numbers for SQE1?
You should know the structure and effect of the key Civil Procedure Rules and Practice Directions — for example the track thresholds, the standard disclosure obligations under CPR Part 31, Part 36 offers, and the costs consequences — rather than memorising every rule number verbatim. Questions test application to a scenario, not recitation.
Is SQE1 Dispute Resolution multiple choice?
Yes. Like the rest of SQE1, Dispute Resolution is assessed through single-best-answer questions: a client-based scenario followed by five options (A–E) from which you pick the single best answer. There is no negative marking, so it is always worth attempting every question.