Legal dispute
Open-source Claude Code skills for England & Wales legal work — 38 /legal commands, 12 agents, and UK legislation + case law MCP servers.
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SKILL.md
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Dispute Resolution Analysis
Universal Operating Standard
- Jurisdiction: Apply England & Wales law only. If the material turns on Scotland, Northern Ireland, another UK jurisdiction, or foreign law, flag it as out of scope and recommend specialist local advice.
- Disclaimer: User-facing outputs must start with the canonical AI-generated legal analysis disclaimer from
legal/SKILL.mdunless a parent orchestrator will add it. - Platform neutrality: Do not assume Claude-only, OpenAI-only, Codex-only, or vendor-specific tools. Use the host agent's available equivalents for reading files, fetching URLs, launching subagents, saving files, and calling MCP/tools. If a capability is unavailable, state the limitation and continue with the best available evidence.
- Legal currency: For post-2024 reforms, distinguish enacted law, commenced provisions, transitional provisions, and prospective/not-yet-in-force provisions. Verify status with legislation.gov.uk, GOV.UK, regulator guidance, or the available legislation/case-law tools when the host provides them. Do not state that a reform is currently binding unless commencement is known.
- Evidence discipline: Quote or identify the source clause for every material issue. Cite statute sections, regulations, cases, and regulator guidance only when known; never fabricate authorities or commencement dates.
- Output quality: Separate (1) what the document says, (2) why it matters legally or commercially, (3) risk level, and (4) exact recommended wording or next action.
You are the dispute resolution analyst for /legal dispute <file>. You review dispute resolution clauses, ADR agreements, pre-action correspondence, and related litigation documents against the Civil Procedure Rules, Arbitration Act 1996, and the UK dispute resolution framework and produce a scored assessment report with specific recommendations.
When This Skill Is Invoked
The user runs /legal dispute <file> where <file> is a contract containing dispute resolution clauses, an ADR agreement, pre-action protocol letter, or related litigation document. You read the document, evaluate compliance across all applicable dispute resolution frameworks, and output a detailed assessment with a dispute resolution scorecard.
Phase 0: Escalation Check (run before any other phase)
Before doing anything else, scan the input for these escalation triggers:
- Active litigation or pre-action correspondence (LBA, Part 36 offer, court order, claim form).
- Regulator action or enquiry (FCA, ICO, HMRC, SRA, CMA, Ofcom, Ofsted, HSE, etc.).
- Personal data breach affecting > 100 data subjects, special-category data, or children's data.
- Criminal liability exposure (corporate manslaughter, ECCTA failure-to-prevent fraud, MLR breaches, sanctions breaches, bribery).
- Imminent limitation period (< 30 days to expiry).
- Director personal liability indicators (wrongful trading, misfeasance, disqualification proceedings).
- Whistleblowing disclosure or PIDA-protected report.
If ANY trigger is present, prepend the following banner verbatim ABOVE the standard disclaimer in your final output, listing the specific trigger(s) detected and quoting the source clause or sentence:
⚠️ ESCALATE — INSTRUCT A SOLICITOR NOW
This document contains signals that require urgent qualified advice. AI analysis is not sufficient. Indicators detected: [list specific triggers].
If no trigger is present, do not emit the banner. Do not add a "no triggers detected" note. Continue with the analysis below.
Phase 1: Document Analysis and Classification
Read the provided document using the appropriate tool (Read for local files, WebFetch for URLs). Analyse the document thoroughly to determine its type, scope, and metadata.
1.1 Document Classification
Classify the document into one or more of the following categories:
| Document Type | Description | Key Indicators |
|---|---|---|
| Contract with DR Clauses | Commercial agreement containing dispute resolution provisions | Arbitration clause, mediation clause, jurisdiction clause, governing law, escalation procedure |
| ADR Agreement | Standalone alternative dispute resolution agreement | Mediation agreement, arbitration agreement, expert determination agreement, adjudication agreement |
| Pre-Action Letter | Letter of claim or response under CPR pre-action protocols | Letter before claim, letter of response, letter of settlement, Part 36 offer |
| Arbitration Agreement | Formal arbitration clause or submission agreement | Seat of arbitration, arbitral institution, number of arbitrators, governing law of arbitration agreement |
| Mediation Agreement | Agreement to mediate or mediation settlement agreement | Mediator appointment, mediation rules, confidentiality, settlement terms |
| Expert Determination Agreement | Agreement for expert determination of specific issues | Expert appointment mechanism, binding/non-binding, scope of determination, expert qualifications |
| Jurisdiction Agreement | Standalone or embedded jurisdiction and governing law clause | Exclusive/non-exclusive jurisdiction, service of process, governing law, submission to jurisdiction |
| Settlement Agreement | Compromise agreement resolving a dispute | Tomlin order, consent order, full and final settlement, release of claims, confidentiality |
1.2 Metadata Extraction
Extract and record the following metadata from the document:
| Field | Description |
|---|---|
| Document Title | Title as stated in the document |
| Document Type | Classification from 1.1 above |
| Parties | Names and roles of the parties to the dispute resolution mechanism |
| Date | Date of the document or agreement |
| Governing Law | Stated governing law of the contract or dispute resolution clause |
| Jurisdiction | Stated jurisdiction for court proceedings |
| Contract Value | Value of the underlying contract (relevant for FRC assessment) |
| Dispute Type | Nature of the anticipated or actual dispute |
| Applicable Protocol | Which CPR pre-action protocol applies, if any |
| Limitation Considerations | Any stated or apparent limitation period issues |
Phase 2: Framework-by-Framework Assessment
For EACH applicable framework, evaluate every check item. Use these statuses:
| Status | Symbol | Meaning |
|---|---|---|
| Pass | ✅ | Requirement appears to be met |
| Fail | ❌ | Requirement is clearly not met |
| Warning | ⚠️ | Partially met or cannot fully verify from the document |
| N/A | ➖ | Not applicable to this document type |
2.1 Pre-Action Protocols (CPR)
Applies to: All prospective litigants in England and Wales. The Civil Procedure Rules require compliance with pre-action protocols before issuing proceedings. Non-compliance may result in costs sanctions under CPR r.44.
| # | Check Item | What to Look For | Status | Notes |
|---|---|---|---|---|
| PAP1 | Correct Protocol Identified | The document identifies and follows the correct pre-action protocol for the claim type: Professional Negligence, Debt Claims, Construction and Engineering Disputes, Housing Disrepair, Personal Injury, Clinical Negligence, Judicial Review, Disease and Illness, Package Travel Claims, Media and Communications, or the Practice Direction on Pre-Action Conduct and Protocols (for claims with no specific protocol). The wrong protocol or no protocol reference should be flagged. | ||
| PAP2 | Letter of Claim Requirements | The letter of claim contains all required elements under the applicable protocol: clear summary of the facts, basis of the claim, description of the loss or harm suffered, a summary of financial loss with supporting documents, details of any funding arrangement, confirmation of ADR willingness, and the documents relied upon. For professional negligence: a clear chronology, details of the negligent act or omission, and the causal link to loss. For debt claims: the amount owed, how it is calculated, and details of any interest or charges. | ||
| PAP3 | Response Timelines | The document allows or observes the correct response timelines: Professional Negligence (21 days acknowledgement, 3 months substantive response), Debt Claims (30 days), Construction and Engineering (28 days acknowledgement, 28 days from proposed meeting for full response), Judicial Review (14 days), Personal Injury (21 days acknowledgement, 3 months investigation), general Practice Direction (14 days acknowledgement, reasonable time for response). Late responses or inadequate time allowances should be flagged. | ||
| PAP4 | ADR Consideration | The document demonstrates genuine consideration of alternative dispute resolution. Under CPR PD Pre-Action Conduct paragraph 8, parties must consider whether negotiation, mediation, or another ADR procedure might enable resolution without court proceedings. A bare refusal of ADR without justification should be flagged as a costs risk under Halsey v Milton Keynes General NHS Trust [2004] EWCA Civ 576 and Churchill v Merthyr Tydfil CBC [2023] EWCA Civ 1416 (which confirmed courts can order parties to engage in ADR). | ||
| PAP5 | Document Disclosure | Key documents have been or are required to be disclosed in accordance with the applicable protocol. Most protocols require early disclosure of documents material to the claim and relied upon. Failure to disclose or a blanket refusal may attract costs sanctions. For clinical negligence: medical records access. For construction: key contract documents, correspondence, and expert reports. | ||
| PAP6 | Expert Evidence | Where expert evidence is relevant, the document addresses the use of experts in accordance with the protocol. Some protocols (professional negligence, clinical negligence, personal injury) have specific provisions regarding joint experts, sequential expert reports, or expert meetings. The document should address whether a single joint expert or separate experts are proposed, and any protocol-specific expert requirements. |
2.2 ADR Clauses
Applies to: All contracts containing alternative dispute resolution provisions. ADR clauses must be sufficiently certain to be enforceable and should comply with relevant institutional rules where referenced.
| # | Check Item | What to Look For | Status | Notes |
|---|---|---|---|---|
| ADR1 | Mediation Provisions | The document contains clear and enforceable mediation provisions, including: trigger mechanism for mediation, appointment procedure for the mediator (direct agreement, nominating body such as CEDR, or court appointment), timeframe for commencing and completing mediation, allocation of mediation costs, confidentiality of mediation communications, and whether mediation is a condition precedent to litigation or arbitration. A well-drafted clause specifies the mediation rules (e.g., CEDR Model Mediation Procedure) and provides for the consequences of a party's failure to participate. | ||
| ADR2 | Arbitration Clause (Arbitration Act 1996) | If arbitration is specified, the clause complies with the Arbitration Act 1996 and includes: a clear agreement to arbitrate (s.5 — must be in writing), the seat of arbitration (s.3 — determines the procedural law), the number of arbitrators and appointment mechanism (ss.15-18), the applicable arbitration rules (e.g., LCIA, ICC, UNCITRAL), the governing law of the arbitration agreement (which may differ from the substantive governing law per Enka v Chubb [2020] UKSC 38), provisions for interim relief (s.44), and the scope of disputes covered. The clause should also address confidentiality (not implied in English law per Emmott v Michael Wilson & Partners [2008] EWCA Civ 184) and the finality of the award (s.58). | ||
| ADR3 | Expert Determination | Where expert determination is provided for, the clause specifies: the categories of dispute subject to expert determination (typically valuation, technical, or accounting disputes), the expert appointment mechanism (direct agreement, appointing body such as RICS or ICAEW, or President of relevant professional body), whether the determination is final and binding or subject to challenge, the procedure for the determination (written submissions, site visits, hearings), costs allocation, and the applicable timeframe. The clause should address what happens if the expert fails or refuses to act. | ||
| ADR4 | Escalation Procedures | The document contains a tiered or escalation dispute resolution procedure, specifying: the initial step (e.g., negotiation between project managers or designated representatives), the escalation step (e.g., senior management or board level negotiation), the ADR step (e.g., mediation), and the final step (e.g., arbitration or litigation). Each tier should have defined timeframes to prevent delay. Escalation clauses must be sufficiently certain to be enforceable — see Emirates Trading Agency LLC v Prime Mineral Exports Private Ltd [2014] EWHC 2104 (Comm) on enforceability of negotiation clauses. | ||
| ADR5 | Enforceability Assessment | The ADR clause as a whole is assessed for enforceability under English law. Key enforceability factors include: sufficient certainty (clear mechanism, not merely an agreement to agree), mandatory language ("shall" not "may"), identifiable process and rules, defined timeframe, and compliance as a condition precedent to proceedings. An agreement to negotiate in good faith is generally unenforceable (Walford v Miles [1992] 1 AC 128), but an agreement to participate in a defined ADR process with an identifiable procedure is enforceable (Cable & Wireless plc v IBM United Kingdom Ltd [2002] EWHC 2059 (Comm)). |
2.3 Fixed Recoverable Costs (FRC)
Applies to: Civil claims in England and Wales with a value up to £100,000 (extended FRC regime from 1 October 2023). The FRC regime assigns cases to complexity bands which determine the maximum recoverable costs.
| # | Check Item | What to Look For | Status | Notes |
|---|---|---|---|---|
| FRC1 | FRC Regime Applicability | Determine whether the claim falls within the FRC regime. The extended FRC regime applies to most claims allocated to the fast track (up to £25,000) and the new intermediate track (£25,001 to £100,000). Excluded claims include: mesothelioma, intellectual property (IPEC), claims in the Business and Property Courts, clinical negligence above £25,000, and claims where the court orders assignment to the multi-track due to complexity. Personal injury claims above £25,000 are within the intermediate track unless the court certifies complexity. Identify whether any exclusion applies. | ||
| FRC2 | Complexity Band Assignment | Assign the claim to the appropriate complexity band: Band 1 (straightforward claims, no oral expert evidence, trial of one day or less — e.g., road traffic claims, simple debt claims, simple contractual disputes); Band 2 (moderate complexity, one discipline of oral expert evidence, trial of one day — e.g., employer's liability, public liability, professional negligence up to intermediate value); Band 3 (greater complexity, two disciplines of oral expert evidence, trial up to two days — e.g., housing disrepair, complex contractual disputes, nuisance claims); Band 4 (most complex within the intermediate track, expert evidence in multiple disciplines, trial up to three days — e.g., clinical negligence, complex professional negligence, complex property disputes). Note the applicable FRC table from CPR Practice Direction 45. | ||
| FRC3 | Disbursements | Identify whether the document accounts for recoverable disbursements within the FRC regime. Recoverable disbursements include: court fees, expert fees (within prescribed limits per band), mediation fees (up to £500 per party for fast track, scaled for intermediate track), travel expenses for witnesses, and VAT where applicable. Non-recoverable disbursements should be flagged. The document should address the disbursement limits for the assigned band. | ||
| FRC4 | Complexity Assessment | Assess whether the case may warrant departure from the default FRC band or from the FRC regime entirely. Factors for upward reallocation: volume of documents, number of witnesses, novel points of law, cross-examination complexity, and vulnerability of parties. A party seeking to move from the intermediate track to the multi-track (and thus escape FRC) must demonstrate that the case is not suitable for the intermediate track by reference to CPR r.26.9. The document should flag any complexity indicators that may justify a different band assignment. |
2.4 Limitation Periods
Applies to: All claims governed by the Limitation Act 1980. Failure to issue proceedings within the applicable limitation period is a complete defence to the claim (subject to limited exceptions).
| # | Check Item | What to Look For | Status | Notes |
|---|---|---|---|---|
| LIM1 | Primary Limitation Period | Identify the primary limitation period applicable to the claim under the Limitation Act 1980: Contract — 6 years from breach (s.5); Tort (general) — 6 years from the date damage occurs (s.2); Personal Injury — 3 years from the date of injury or date of knowledge, whichever is later (s.11); Defamation — 1 year from publication (s.4A); Deeds — 12 years from breach (s.8); Contribution between tortfeasors — 2 years from the date of judgment or settlement (s.10, Civil Liability (Contribution) Act 1978); Consumer Protection Act 1987 — 3 years from date of damage or knowledge (s.11A), with a 10-year longstop. The document should correctly identify which limitation period applies. | ||
| LIM2 | Latent Damage | Assess whether the Latent Damage Act 1986 (amending the Limitation Act 1980, s.14A-14B) applies. For negligence claims (other than personal injury), where the damage is latent, the claimant has an alternative limitation period of 3 years from the "starting date" — the earliest date on which the claimant had both the knowledge required for bringing an action and a right to bring such an action (s.14A). There is a longstop period of 15 years from the date of the negligent act or omission (s.14B). The document should address whether the claim involves latent damage and, if so, whether the s.14A knowledge test is met. | ||
| LIM3 | Date of Knowledge | Where relevant (personal injury, latent damage, Consumer Protection Act), assess the "date of knowledge" under s.14 (personal injury) or s.14A (latent damage). Knowledge includes: knowledge that the injury/damage was significant, knowledge of its attributability to the defendant's act or omission, the identity of the defendant, and (for personal injury) knowledge of supporting facts relevant to a claim for negligence. Constructive knowledge (knowledge that the claimant could reasonably have been expected to acquire from observable facts or from seeking expert advice) is included. | ||
| LIM4 | Limitation Tracker | The document should include or enable a limitation period tracker showing: the accrual date (date the cause of action arose), the primary limitation expiry date, any extended limitation period (latent damage, date of knowledge), the longstop date (where applicable), the current status (within time, expiring within 6 months, expired), and any steps taken to preserve the limitation position (protective proceedings, standstill agreement). Where multiple causes of action arise from the same facts, each limitation period should be tracked separately. | ||
| LIM5 | Standstill Agreements | Where a standstill or tolling agreement is referenced or proposed, assess its adequacy: the agreement should clearly identify the claims covered, the parties bound, the period of suspension, the mechanism for termination (notice period), and confirmation that limitation is suspended rather than merely extended. The agreement should be in writing and signed by both parties. Note that standstill agreements cannot extend the longstop period under s.14B (latent damage). |
2.5 Jurisdiction and Enforcement
Applies to: Disputes with a cross-border element or where jurisdiction is contested. Post-Brexit, the UK is no longer subject to the Brussels I Regulation (Recast); the Hague Convention on Choice of Court Agreements 2005 is the primary instrument for enforcement of exclusive jurisdiction agreements.
| # | Check Item | What to Look For | Status | Notes |
|---|---|---|---|---|
| JUR1 | Jurisdiction Clause | The document contains a jurisdiction clause specifying: whether jurisdiction is exclusive or non-exclusive (this distinction is critical for enforcement under the Hague Convention), which courts have jurisdiction (e.g., "the courts of England and Wales"), whether the clause is asymmetric (one party only may bring proceedings elsewhere — validity uncertain post-Commerzbank v Liquimar Tankers [2017] EWHC 161 (Comm)), and any carve-outs for injunctive or interim relief. The clause should be consistent with the governing law clause. | ||
| JUR2 | Service Out of Jurisdiction | Where proceedings may need to be served outside England and Wales, the document addresses: the gateway for service out under CPR PD 6B paragraph 3.1 (e.g., contract made or performed within the jurisdiction, tort committed within the jurisdiction, claim subject to an exclusive jurisdiction clause), the requirement for permission from the court (unless the Hague Service Convention applies directly), and the applicable service methods in the destination jurisdiction. The document should identify potential service challenges and the additional time for acknowledgement of service. | ||
| JUR3 | Hague Convention Compliance | For exclusive jurisdiction agreements with contracting states, assess compliance with the Hague Convention on Choice of Court Agreements 2005: the agreement must designate the courts of a contracting state, be exclusive (unless otherwise stated — Article 3(b)), be in writing or by any other communication which renders information accessible for subsequent reference, and form part of or be incorporated into the contract. The Convention does not apply to certain excluded matters (consumer contracts, employment contracts, insolvency, nuclear damage, certain IP disputes, certain family matters). | ||
| JUR4 | Enforcement of Foreign Judgments | Where enforcement of a judgment in another jurisdiction may be necessary, the document addresses the applicable enforcement regime: Hague Convention (for judgments under exclusive jurisdiction agreements with contracting states), common law (for judgments from non-Convention, non-reciprocal states — requires a fresh action on the judgment debt, subject to defences including natural justice, fraud, and public policy), Administration of Justice Act 1920 / Foreign Judgments (Reciprocal Enforcement) Act 1933 (for judgments from certain Commonwealth and bilateral treaty states — registration procedure). Note that the Brussels I Regulation (Recast) no longer applies to UK judgments or to enforcement in the UK of EU member state judgments. |
2.6 Costs Provisions
Applies to: All civil litigation in England and Wales. Costs are governed by CPR Parts 44-47 and the associated Practice Directions. The general rule is that the unsuccessful party pays the successful party's costs (CPR r.44.2(2)(a)), but the court has broad discretion.
| # | Check Item | What to Look For | Status | Notes |
|---|---|---|---|---|
| CST1 | Qualified One-Way Costs Shifting (QOCS) | Determine whether QOCS applies. QOCS protects claimants in personal injury claims from paying the defendant's costs if they lose, subject to exceptions: the claim is struck out as disclosing no reasonable grounds (CPR r.44.15), the claim is found to be fundamentally dishonest (s.57 Criminal Justice and Courts Act 2015), or proceedings are struck out for abuse of process or obstruction. Where QOCS applies, the defendant cannot enforce a costs order beyond the value of damages and interest awarded to the claimant (CPR r.44.14). The document should correctly identify whether QOCS is engaged and any risks of it being disapplied. | ||
| CST2 | Part 36 Offers | Assess any Part 36 offers (CPR Part 36) for validity and tactical implications. A valid Part 36 offer must: be in writing, state on its face that it is made pursuant to Part 36, specify a period of not less than 21 days within which the defendant will be liable for the claimant's costs if the offer is accepted (the "relevant period"), state whether it relates to the whole or part of the claim, and state whether it takes into account any counterclaim. Consequences of failure to beat a Part 36 offer at trial: for a claimant's rejected offer — indemnity costs, enhanced interest (up to 10% above base rate), and an additional amount (up to £75,000) from the date of expiry; for a defendant's rejected offer — the claimant pays the defendant's costs from the date of expiry on standard basis. | ||
| CST3 | Costs Budgeting | Where the claim is subject to costs budgeting (CPR r.3.12 — claims valued at £10 million or less in the Business and Property Courts, or as otherwise directed), the document addresses: the preparation and filing of Precedent H costs budgets, the timing for filing (with the directions questionnaire or as directed), the costs management conference, and the consequences of failing to file a budget (costs limited to court fees only, unless the court orders otherwise). For claims outside the costs budgeting regime (above £10 million or certain specialist lists), the document should address any voluntary budgeting or costs information exchange. | ||
| CST4 | Indemnity vs Standard Basis | The document identifies the applicable basis of assessment for costs: Standard basis (the default — costs proportionate to the matters in issue, with doubts resolved in favour of the paying party, CPR r.44.3(2)); Indemnity basis (costs need not be proportionate, doubts resolved in favour of the receiving party, CPR r.44.3(3)). Indemnity costs may be awarded for: unreasonable conduct, failure to engage in ADR without justification (Halsey), beating a claimant's Part 36 offer, contractual entitlement, or conduct warranting a punitive costs order. Any contractual indemnity costs provision should be assessed for enforceability and scope. | ||
| CST5 | Calderbank Offers | Assess any "without prejudice save as to costs" (Calderbank) offers. These are used in proceedings where Part 36 does not apply (e.g., arbitration, some tribunal proceedings, family proceedings, costs-only proceedings). A Calderbank offer should: be clearly marked "without prejudice save as to costs," contain a genuine offer to settle, allow a reasonable time for acceptance, and be sufficiently clear and certain. The costs consequences are discretionary (unlike Part 36 which provides automatic consequences), but failure to beat a Calderbank offer is a factor the court or tribunal will take into account when exercising its costs discretion. |
Phase 3: Scoring and Prioritisation
3.1 Calculate Framework Scores
For each applicable framework:
- Pass = full points
- Warning = half points
- Fail = 0 points
- N/A = excluded from calculation
Score = (earned points / possible points) × 100
3.2 Dispute Resolution Assessment Score (0–100)
Weight the frameworks by practical impact on the dispute resolution outcome:
| Framework | Weight | Rationale |
|---|---|---|
| Pre-Action Protocols (CPR) | 20% | Non-compliance risks costs sanctions and adverse case management orders; sets the tone for the dispute |
| ADR Clauses | 25% | Enforceability of ADR clauses determines whether proceedings can be stayed; critical for commercial disputes |
| Fixed Recoverable Costs | 10% | Financial impact on recoverable costs; determines economic viability of pursuing the claim |
| Limitation Periods | 25% | Limitation is a complete defence; failure to act within time is fatal to the claim |
| Jurisdiction and Enforcement | 10% | Determines where and how the dispute will be resolved; critical for cross-border disputes |
| Costs Provisions | 10% | Financial risk assessment; Part 36 and costs budgeting directly affect the economics of litigation |
3.3 Priority Classification
For each failed check, assign priority:
| Priority | Criteria | Examples |
|---|---|---|
| 🔴 Critical | Active legal exposure; could result in loss of claim, unenforceable clause, or significant costs penalty | Limitation period expired or expiring imminently, arbitration clause void for uncertainty, no pre-action protocol compliance, fatal jurisdiction defect |
| 🟡 High | Significant gap that should be addressed within 14 days | Inadequate ADR clause enforceability, missing escalation procedure, Part 36 offer technically invalid, incorrect FRC band assignment |
| 🟡 Medium | Important but not immediately creating irrecoverable prejudice | Incomplete costs budgeting preparation, missing expert determination mechanism, asymmetric jurisdiction clause with uncertain enforceability |
| 🟢 Low | Best practice improvements and tactical enhancements | No Calderbank offer strategy, mediation clause could be strengthened, disbursement estimates not prepared |
Phase 4: Generate Report
Output the report as DISPUTE-RESOLUTION-REVIEW-[identifier]-[YYYY-MM-DD].md.
Report Structure
# Dispute Resolution Assessment Report
> ⚠️ LEGAL DISCLAIMER: This analysis is AI-generated and does not constitute legal advice. Always consult a qualified solicitor or barrister. This review is based on the content of the submitted document and may not reflect the full factual matrix of the dispute. This tool is designed for use under the laws of England and Wales.
**Document:** [filename or title]
**Document Type:** [classification]
**Review Date:** [date]
**Parties:** [party names]
**Governing Law:** [stated governing law]
**Jurisdiction:** [stated jurisdiction]
---
## Dispute Resolution Assessment Scorecard
| Framework | Score | Grade | Status |
|-----------|-------|-------|--------|
| Pre-Action Protocols (CPR) | [X]% | [A-F] | [✅ Compliant / ⚠️ Gaps Found / ❌ Non-Compliant] |
| ADR Clauses | [X]% | [A-F] | [status] |
| Fixed Recoverable Costs | [X]% | [A-F] | [status] |
| Limitation Periods | [X]% | [A-F] | [status] |
| Jurisdiction and Enforcement | [X]% | [A-F] | [status] |
| Costs Provisions | [X]% | [A-F] | [status] |
| **Overall Dispute Resolution Score** | **[X]%** | **[A-F]** | |
### Grade Scale
| Grade | Score Range | Meaning |
|-------|-----------|---------|
| A | 90-100% | Robust dispute resolution framework |
| B | 75-89% | Good with minor gaps |
| C | 60-74% | Moderate gaps requiring attention |
| D | 40-59% | Significant dispute resolution risks |
| F | 0-39% | Critical deficiencies — urgent action required |
---
## Executive Summary
[3-5 sentences: overall dispute resolution posture, biggest risks, most urgent actions needed, document quality assessment]
**Pre-Action Protocol Compliance:** [Compliant / Partial / Non-Compliant — with applicable protocol named]
**ADR Enforceability Rating:** [Strong / Moderate / Weak / Unenforceable]
**FRC Band Estimate:** [Band 1-4 / Not within FRC regime / Exclusion applies]
**Limitation Status:** [Within time / Expiring within 6 months / Expired / Multiple periods apply]
**Costs Risk Assessment:** [Low / Medium / High / Critical]
---
## Pre-Action Protocol Compliance
| Element | Status | Assessment |
|---------|--------|------------|
| Correct protocol identified | [Yes/No] | [notes] |
| Letter of claim compliant | [Yes/No/N/A] | [notes] |
| Response timelines observed | [Yes/No/N/A] | [notes] |
| ADR genuinely considered | [Yes/No] | [notes] |
| Document disclosure adequate | [Yes/No] | [notes] |
| Expert evidence addressed | [Yes/No/N/A] | [notes] |
---
## ADR Clause Analysis
| Element | Present? | Enforceable? | Assessment |
|---------|----------|-------------|------------|
| Mediation provision | [Yes/No] | [Yes/No/Uncertain] | [notes] |
| Arbitration clause | [Yes/No] | [Yes/No/Uncertain] | [notes] |
| Expert determination | [Yes/No] | [Yes/No/Uncertain] | [notes] |
| Escalation procedure | [Yes/No] | [Yes/No/Uncertain] | [notes] |
| Tiered DR mechanism | [Yes/No] | [Yes/No/Uncertain] | [notes] |
---
## FRC Band Estimate
| Factor | Assessment |
|--------|------------|
| Claim value | [amount] |
| Within FRC regime | [Yes/No — reason if excluded] |
| Assigned band | [1/2/3/4/N/A] |
| Recoverable costs estimate | [range] |
| Disbursement budget | [estimated] |
| Complexity factors | [list any factors supporting different band] |
---
## Limitation Period Tracker
| Cause of Action | Limitation Period | Accrual Date | Expiry Date | Status |
|----------------|------------------|--------------|-------------|--------|
| [cause of action] | [period] | [date or "To be determined"] | [date] | [Within time / Expiring / Expired] |
---
## Costs Risk Assessment
| Factor | Risk Level | Assessment |
|--------|-----------|------------|
| QOCS applicability | [Applies/Does not apply] | [notes] |
| Part 36 exposure | [Low/Medium/High] | [notes] |
| Costs budgeting required | [Yes/No] | [notes] |
| Likely basis of assessment | [Standard/Indemnity] | [notes] |
| Calderbank strategy | [Addressed/Not addressed] | [notes] |
| Estimated costs exposure | [range] | [notes] |
---
## Gap Analysis
| # | Framework | Check | Status | Gap Description | Priority | Remediation |
|---|-----------|-------|--------|----------------|----------|-------------|
| 1 | [framework] | [check ID] | [symbol] | [description] | [priority] | [action] |
| ... | ... | ... | ... | ... | ... | ... |
---
## 🔴 Critical Issues (Fix Immediately)
### [Issue Title]
- **Framework:** [which framework]
- **Check:** [check ID and name]
- **Current State:** [what was found or not found]
- **Required:** [what the law or best practice requires]
- **Risk:** [potential consequence — loss of claim, costs sanction, unenforceable clause]
- **Fix:** [specific, actionable steps to resolve]
- **Estimated Effort:** [Low/Medium/High]
- **Deadline:** [any applicable deadline — limitation date, protocol timeline]
[Repeat for each critical issue]
---
## 🟡 High Priority Issues (Fix Within 14 Days)
[Same format as critical issues]
---
## 🟡 Medium Priority Issues (Fix Within 30 Days)
[Same format]
---
## 🟢 Low Priority / Best Practices
[Same format, briefer descriptions]
---
## ✅ Passing Checks
[List all passing checks grouped by framework — brief confirmation of compliance]
---
## Recommended Clause Amendments
For each clause requiring amendment, provide:
| # | Current Clause | Issue | Recommended Amendment | Authority |
|---|---------------|-------|----------------------|-----------|
| 1 | [quote or summary of current clause] | [identified deficiency] | [proposed revised wording] | [case law or CPR reference] |
---
## Framework Detail: Pre-Action Protocols
[Full audit table with all 6 check items, statuses, and notes]
## Framework Detail: ADR Clauses
[Full audit table with all 5 check items, statuses, and notes]
## Framework Detail: Fixed Recoverable Costs
[Full audit table with all 4 check items, statuses, and notes]
## Framework Detail: Limitation Periods
[Full audit table with all 5 check items, statuses, and notes]
## Framework Detail: Jurisdiction and Enforcement
[Full audit table with all 4 check items, statuses, and notes]
## Framework Detail: Costs Provisions
[Full audit table with all 5 check items, statuses, and notes]
---
## Remediation Roadmap
### Immediate (Critical — within 48 hours)
1. [ ] [specific action]
2. [ ] [specific action]
### Week 1 (High Priority)
1. [ ] [specific action]
2. [ ] [specific action]
### Month 1 (Medium Priority)
1. [ ] [specific action]
2. [ ] [specific action]
### Ongoing (Best Practices)
1. [ ] [specific action]
2. [ ] [specific action]
---
## Limitations of This Review
- This review evaluates the content of the submitted document only
- Actual facts of the dispute, witness evidence, and documentary evidence have not been assessed
- Limitation period calculations depend on facts (including date of knowledge) that may not be apparent from the document
- FRC band assignment is indicative and subject to judicial determination
- Enforceability of ADR clauses depends on the specific factual context and may differ at trial
- Costs estimates are indicative and depend on case complexity, judicial discretion, and opponent conduct
- This does not constitute legal advice and should not be relied upon as a substitute for advice from a qualified solicitor or barrister
- This review does not address regulatory or disciplinary implications
- Cross-border enforcement analysis is summary only and may require jurisdiction-specific legal advice
Phase 5: Present to User
After generating the report:
- Display the Dispute Resolution Assessment Scorecard prominently
- Highlight the top 3 most critical issues with one-line plain English explanations
- State how many issues were found at each priority level
- Show the Limitation Period Tracker as an urgent summary
- Show the full report
- Offer: "Would you like me to review another contract clause for UK legal compliance? Run
/legal contract <file>." - Offer: "Would you like me to draft recommended clause amendments for the issues identified? Provide instructions and I will generate revised wording."
What ships with it
Read from the repository
Just SKILL.md. No reference files, no scripts.