Diploma in Commercial Litigation

Programme structure and approach to learning

This advanced diploma course will provide practitioners with a comprehensive knowledge of commercial litigation and its practical impact on the commercial landscape in Ireland. The practice and procedure of running a commercial case from issuing of proceedings to conclusion will be examined in detail. Consideration will be given to the case management rules (SI 254 of 2016 and SI 255 of 2016), a practitioner’s perspective of eDiscovery and document management, pre-trial applications, expert evidence and enforcement. The success of the Commercial Court in this jurisdiction, and the high volume of cases progressing through the court, makes it imperative for practitioners to familiarise themselves with its strict rules and deadlines.

The growing importance of alternative dispute resolution will be addressed in a practical module that will provide an overview of the variety of ADR methods available. The module focus will be on the role of the solicitor in representing clients in these dispute resolution methods outside of the court process. The course will also see experts examining discrete areas of commercial litigation, including intellectual property disputes and landlord and tenant disputes in the commercial context.

Programme objectives

On completion of this training programme, participants will be able to:

• Demonstrate a specialised knowledge of commercial litigation and practice;
• Advise on the commercial court procedure and the strict rules that apply to this process;
• Understand the increasing importance of alternative dispute resolution mechanisms, including mediation and arbitration; and
• Show a detailed understanding of more discrete areas in the commercial sphere.

Modules

The programme is based on the following module scheme and covers key themes as listed below:

Module 1: Practice and procedure

• Rules of the Superior Courts (Conduct of Trials)
• Rules of the Superior Courts (Chancery and Non-Jury actions and Other Designated Proceedings: Pre-Trial. Procedures) 2016 (SI 255 of 2016),
• A practitioner’s perspective on eDiscovery and document management in commercial litigation,
• Requests for further information: Interrogatories, discovery, and requests for particulars.

Module 2: Interim applications

• Interlocutory applications, motions to deal with preliminary issues of law and fact,
• Injunctions,
• Security for costs.

Module 3: Trial, settlement and appeals

• Preparing for trial: Proofs and  prospects of success,
• Rules of evidence,
• Expert witnesses.

Module 4: The commercial court

• Criteria for entry,
• Case management.

Module 5: Alternative dispute resolution

• A guide to ADR methods,
• The Mediation Act  2017 and current trends in mediation,
• Arbitration – practice and procedures; enforceability of awards.

Module 6: Discrete areas of commercial litigation

• Technology and intellectual property,
• Construction disputes,
• Commercial lease disputes.

Workshops

Workshops are interactive sessions that focus on group problem-solving. These are designed to be interactive and involve working in groups on selected case-study problems and analysis, with an emphasis on the application of the law to common scenarios encountered in practice.

Assessments

Three-hour closed-book written examination. Final assessment date: 15 May 2021.

Who should attend?

This course will be of interest to seasoned litigators, in addition to those with a limited exposure to litigation practice who are keen to get a comprehensive and up-to-date overview of commercial litigation practice and procedure in this jurisdiction;

This diploma is open to solicitors, barristers and trainees only.

Faculty

The teaching faculty for this diploma comprises an impressive selection of commercial litigation experts.  Previous lecturers have included:

• Lisa Broderick, DAC Beachcroft,
• Paul Lavery, McCann Fitzgerald,
• Norman Fitzgerald, Eversheds Sutherland,
• Stephen Dowling BL,
• Eileen Roberts, A&L Goodbody,
• Keith Smith, Arthur Cox,
• Colin Monaghan, Mason Hayes & Curran,
• Enda Hurley, A&L Goodbody,
• Michael Tyrrell, Matheson,
• Hugh J. Ward, Hugh J. Ward & Co. Solicitors,
• Paul Jacobs, Grant Thornton Forensic & Investigation Services,
• Stephen Fitzpatrick, Peter Fitzpatrick Legal Costs Accountants,
• Michael Byrne, Matheson.

CPD

We have designed our courses to enable you to satisfy as much of your CPD requirement as possible. Time spent attending lectures and workshops in person or completing these via e-learning as part of your course can be claimed towards your annual CPD requirement. The number of hours of CPD that you may claim in relation to your diploma/certificate course will depend on the way in which you access each of the individual sessions. For further information, visit the CPD scheme and download the CPD booklet.