Postgraduate Course: Commercial Litigation (Practical Elective) (LAWS11433)
|School||School of Law
||College||College of Arts, Humanities and Social Sciences
|Credit level (Normal year taken)||SCQF Level 11 (Postgraduate)
||Availability||Not available to visiting students
|Summary||This course provides an insight into practice and procedure in the Commercial Court in the Court of Session and commercial procedure in the Sheriff Court. Building on skills learned in the core Civil Court Practice course, it comprises a mix of analysis, drafting and oral advocacy.
The objective of the course is to enhance your legal skills and knowledge in this area of the law. It is also aims to enhance and consolidate your knowledge, understanding and personal reflection on the Law Society of Scotland┐s PEAT 1 Mandatory Core and Mandatory Outcomes, which you have already experienced and shall continue to experience on the Diploma core courses.
While this elective aims to build on the work you have done in the core Civil Court Practice course, completion of that course is not a prerequisite to undertaking this elective. The overall aim of this course is to develop further the skills you have gained in relation to the conduct and resolution of civil disputes, with a particular focus on the management of commercial disputes.
By the end of the elective, you should be able to:
- demonstrate a practical working knowledge of the rules of civil procedure relating to commercial actions in the Court of Session and the Sheriff Court;
- demonstrate a practical understanding of the management of commercial disputes in the Court of Session;
- demonstrate an enhanced understanding of the analysis of evidence required for written and oral advocacy.
Entry Requirements (not applicable to Visiting Students)
||Other requirements|| None
Course Delivery Information
|Academic year 2020/21, Not available to visiting students (SS1)
||Block 4 (Sem 2)
|Learning and Teaching activities (Further Info)
Seminar/Tutorial Hours 21,
Summative Assessment Hours 1,
Other Study Hours 8,
Programme Level Learning and Teaching Hours 1,
Directed Learning and Independent Learning Hours
|Additional Information (Learning and Teaching)
On average, students are expected to spend four hours a week completing independent study activities
|Assessment (Further Info)
|Additional Information (Assessment)
||The Commercial Litigation elective is assessed by continuous assessment. Students will receive a mark out of 100 for the whole course. 40% of this will be based on class performance, and 60% of this will be based on two assessed written exercises.
||Feedback is provided to student in various forms. Students will receive verbal feedback from tutors on in-class presentations, general comments on class assignments when these are handed back in class and, in general, on class performance, mainly looking at the class as a whole. Students also receive specific written feedback on assignments, where necessary.
|No Exam Information
On completion of this course, the student will be able to:
- Demonstrate a practical working knowledge of the rules of civil procedure relating to commercial actions in the Court of Session and the Sheriff Court.
- Demonstrate a practical understanding of the management of commercial disputes in the Court of Session.
- Demonstrate an enhanced understanding of the analysis of evidence required for written and oral advocacy.
|Rules of the Court of Session 1994 (with accompanying practice notes).|
Court of Session Practice (loose leaf) (Bloomsbury).
Hennessy, C., Practical Advocacy in the Sheriff Court (Edinburgh 2006 W. Green).
Hennessy, C., Civil Procedure & Practice, 4th edition (Edinburgh 2014 W. Green).
Greens Annotated Rules of the Court of Session.
Greens Litigation Styles.
|Graduate Attributes and Skills
||All elective courses on the Diploma require students to develop the following skills:
Skills and abilities in Research and Enquiry
- problem solving
- analytical thinking
- critical thinking
- independent research
- the ability to handle complexity and ambiguity
Skills and abilities in Personal and Intellectual Autonomy
- ethics and social responsibility
- self-awareness and reflection
- independent learning and development
- creativity and inventive thinking
- decision making
Skills and abilities in Communication
- interpersonal skills
- verbal communication and presentation
- written communication
- influencing and negotiation skills
Skills and abilities in Personal Effectiveness
- planning, organising and time management
- commercial / professional / situational awareness
- team working
- assertiveness and confidence
|Additional Class Delivery Information
||Seven workshops, each lasting 3 hours.
One lecture: guest speaker, 1 hour.
|Keywords||Diploma,Practical Elective,Commercial Litigation
|Course organiser||Ms Laura McBrien
|Course secretary||Ms Margaret Stewart
Tel: (0131 6)50 2004