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Welcome to Eversheds Sutherland’s newly launched litigation training podcast

LitCast has been designed to assist legal teams or businesses with limited litigation resource or experience navigate the litigation process. Our aim is to help anyone who is either facing or considering bringing a claim in the UK to better understand the key points from the outset.

LitCast is available on our legal insights channel (available on Spotify, iTunes and Google Podcasts).

For further information about the webinar series please contact your usual Eversheds Sutherland contact or Jennifer Miles.  If you would like to sign up to the LitCast series, please contact us on

Series 1

The first series of podcasts will focus on key considerations at the beginning of a dispute, in what is known as the ‘pre-action’ stage, before a claim is served. The four episodes discuss a different aspect of the pre-action process.

Episode 1: Internal considerations at the outset of a dispute

Episode 1 - Internal considerations at the outset of a dispute

  • First notice of dispute – fact find exercise
  • Is there an agreement? Obtain copies, check notice provisions
  • Document retention


Episode 2: The start of the dispute: key external steps

Episode 2 - The start of the dispute: key external steps

Communication with the other party – What you/your team need to know:

  • Document creation
  • Admissions, waiver and estoppel
  • Without prejudice
  • Financial position of the defendant


Episode 3: Letters of claim and pre-action protocols

Episode 3 - Letters of claim and pre-action protocols

  • Pre-action protocols – What are they and when do they apply
  • What you need to include (facts, legal basis for claim and supporting documents)
  • Deadlines – real and imposed by others

Ministry of Justice website


Episode 4: Alternative Dispute Resolution (ADR)

Episode 4 - Alternative Dispute Resolution (ADR)

  • What is it?
  • Without prejudice save as to costs discussions/negotiations/offers
  • Part 36
  • Mediation
  • Early neutral evaluation
  • Expert determination

Guide on Alternative Dispute Resolution (ADR)

Guide on Mediation

Part 36 form