Episodes

  • Dispute Resolution Law III: Costs
    Oct 24 2025

    A comprehensive overview of the rules governing litigation costs in civil proceedings under the Civil Procedure Rules (CPR). They explain the distinction between Fixed Recoverable Costs (FRC), which apply to Fast Track and the new Intermediate Track cases, and Assessed Costs (Summary and Detailed Assessment), which remain standard for complex Multi-Track cases involving higher values. The texts detail key procedural mechanisms designed to manage costs, such as costs budgeting using Precedent H and R reports for Multi-Track cases, and the strict sanctions for non-compliance with filing deadlines. Furthermore, the documents examine inter-partes costs orders (interim and final), the impact of Part 36 offers on costs recovery, and the court’s power to impose liability on third parties through Non-Party Costs Orders and Wasted Costs Orders.

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    49 mins
  • Dispute Resolution Law II (b): Unpacking the Civil Procedure Rules
    Oct 23 2025

    A comprehensive overview of the key procedural stages and rules governing civil litigation in England and Wales, focusing on issues such as jurisdiction and track allocation based on claim value and complexity. Significant attention is given to the limitation periods for various claims, exceptions for minors and latent damage, and the crucial role of Pre-Action Protocols in promoting early settlement and fair conduct. The material details the formal process of issuing and responding to claims, including the requirements for a defence, counterclaim, and the consequences of procedural failures like default judgment or non-compliance with disclosure obligations. Finally, the texts explain the rules surrounding evidence, expert witnesses, trial procedure, and the mechanisms for enforcement of judgments, such as charging orders and writs of control, alongside the criteria for appeals.

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    48 mins
  • Dispute Resolution Law II (a): Procedural Landmines Navigating the Civil Litigation Maze
    Oct 22 2025

    A comprehensive overview of the key procedural stages and rules governing civil litigation in England and Wales, focusing on issues such as jurisdiction and track allocation based on claim value and complexity. Significant attention is given to the limitation periods for various claims, exceptions for minors and latent damage, and the crucial role of Pre-Action Protocols in promoting early settlement and fair conduct. The material details the formal process of issuing and responding to claims, including the requirements for a defence, counterclaim, and the consequences of procedural failures like default judgment or non-compliance with disclosure obligations. Finally, the texts explain the rules surrounding evidence, expert witnesses, trial procedure, and the mechanisms for enforcement of judgments, such as charging orders and writs of control, alongside the criteria for appeals.

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    49 mins
  • Dispute Resolution Law I: Different Options for Dispute Resolution
    Oct 21 2025

    An extensive overview of various mechanisms for dispute resolution, distinguishing between litigation (the formal court process) and Alternative Dispute Resolution (ADR), which includes negotiation, mediation, and arbitration. It outlines the characteristics of civil and criminal disputes, explaining that civil conflicts between private parties involve areas like tort and contract law, and clarifies the difference between compensation (monetary payment) and remedy (the broader term for all legal relief). Crucially, the text emphasizes the solicitor's duty to advise clients on ADR methods, which are generally preferred for being more efficient and cost-effective than court proceedings, but notes exceptions where ADR may be inappropriate, such as cases requiring urgent relief or where a party lacks good faith. Finally, the document details the binding nature of arbitration awards compared to non-binding mediation agreements, which must be enforced as a breach of contract claim if breached.

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    39 mins
  • Criminal Practice I: Advising clients, including vulnerable clients, about the procedure and processes at the police station
    Oct 19 2025

    A comprehensive overview of the rights of suspects under the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice, focusing heavily on procedural safeguards during detention and investigation. These safeguards include the right to free legal advice and the right to have someone informed of the detention, both of which can be delayed only under stringent conditions and for a maximum of 36 hours. The texts also detail strict detention time limits and mandatory periodic reviews to prevent arbitrary detention. Furthermore, the sources meticulously outline various identification procedures—such as video identification and parades—which must adhere to fairness standards to minimize the risk of mistaken identification. Finally, the sources explain the suspect's right to silence, detailing the caution police must give and explaining the risk of adverse inferences if a fact is not mentioned when questioned but is later relied upon in court, while also emphasizing the crucial role of the solicitor in advising clients, particularly those considered vulnerable.

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    29 mins
  • Criminal Law III: Specific Criminal Offenses
    Oct 18 2025

    An extensive overview of several major categories of English criminal law, outlining the actus reus (guilty act) and mens rea (guilty mind) required for various offenses. They detail crimes against the person, such as murder, voluntary manslaughter, and common assault, clarifying the roles of partial defenses like loss of control and diminished responsibility. Furthermore, the documents examine serious property offenses, defining theft, robbery, and burglary under the Theft Act 1968, and thoroughly explaining the elements of criminal damage and arson. Finally, the sources explore the modern framework of fraud under the Fraud Act 2006, distinguishing between fraud committed by false representation, failure to disclose, and abuse of position.

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    49 mins
  • Criminal Law II: Parties
    Oct 17 2025

    Fundamental principles of criminal liability in England and Wales, focusing on both parties to a crime and inchoate offenses like attempt. The first source details the roles of the Crown Prosecution Service (CPS), the defendant, and the victim, distinguishing between a principal offender (who commits the actus reus and possesses the mens rea) and accomplices or secondary parties who aid, abet, counsel, or procure a crime. It further explains concepts like joint enterprise and the requirements for effective withdrawal from an offense. The second source establishes the legal framework for attempt to commit an offence, requiring an act that is more than merely preparatory to the full crime, as defined by case law like R v Gullefer and R v Jones. Crucially, conviction for attempt demands a high threshold of mens rea, specifically the intention to commit the full offense, and liability can still apply even when the crime is factually impossible, as confirmed in R v Shivpuri.

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    32 mins
  • Criminal Law I: Definition of The Offence
    Oct 16 2025

    A comprehensive SQE overview of the fundamental elements of criminal liability in English law, focusing on the concepts of actus reus (the guilty act) and mens rea (the guilty mind). The first source details actus reus, explaining how it can be proven through conduct, results, or the mere existence of a situation, alongside exceptions where an omission (failure to act) can create liability under certain duties. The second source examines mens rea, differentiating between intention, recklessness, and negligence, and introduces doctrines like transferred malice and the contemporaneity principle. Finally, the third source discusses general defences, concentrating on the rules governing intoxication, which can negate mens rea for specific intent crimes, and the principles of self-defence and defence of another, including the special allowances made for householder cases.

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    44 mins