Litigation in Practice

Learning Outcomes 

By the end of this module, students should be able to: 

LO.1 : Explain the procedural framework governing corporate litigation in Ireland, including court structures and applicable rules; 

LO.2 : Analyse the stages of a corporate dispute from pre-action considerations to resolution or settlement; 

LO.3 : Evaluate the roles and interactions of solicitors, barristers, expert witnesses, judges and corporate clients in litigation; 

LO.4 : Apply practical knowledge of discovery, pleadings and evidence management in a corporate case; 

LO.5 : Assess strategic considerations influencing settlement, alternative dispute resolution and litigation risk management; 

LO.6 : Demonstrate practical case-management and problem-solving skills through applied litigation exercises. 

Module Content 

The module provides students with a practical understanding of how corporate litigation operates in Ireland, focusing on the management of commercial disputes involving companies. It aims to provide students with a deeper understanding of how the law that they learn about throughout their degree manifests in substantive disputes. In doing so, they will learn about the practical steps involved in such disputes, from letters before action to settlements or judgments in cases. 

The module involves the students examining the procedures and various steps involved in litigation in detail, focusing on the various role of the professionals involved; managing and accessing relevant evidence (in particular, introducing students to the discovery process); and procedural strategy in cases. Students will gain a deeper understanding of the work carried out by solicitors, barristers, in-house counsel, expert witnesses, and judges, and how they interact with corporate clients. They will also consider cost management, litigation funding and the impact of regulatory and reputational concerns. 

Two interactive seminars form a central component of the module. In the first seminar, students will work in groups to manage the early stages of a simulated corporate dispute, including advising on pre-action strategy, drafting basic pleadings and planning discovery. The second seminar focuses on later-stage litigation, requiring students to consider litigation strategy at trial, as well as issues related to settlement negotiations and mediation. 

The module develops students’ procedural understanding, commercial awareness and practical skills relevant to corporate legal practice. It is highly relevant to the overall aims and objectives of the BCL degree.