Analysis of merits of claim or defence

Question 1

Claimant’s case -
Establish the following:

Answer 1

Client’s objectives AND if evidence shows –
All the elements required in the law
AND proves these elements on the balance of probabilities.

Question 2

Defendant -
Establish if the defendant is:

Answer 2

Traceable AND
Solvent and has assets available for judgment, costs, and enforcement.

Question 3

Limitation period:

Answer 3

Assess if the limitation period has expired depending on the cause of action.

Question 4

Damages:

Answer 4

What damages are available?

Question 5

Interest:

Answer 5

Does the claim carry interest?

Question 6

Alternative remedies:

Answer 6

What other remedies are possible?

Question 7

Funding the case:

Answer 7

Ask how the client will finance the action?
Determine if there are other ways (other than the client’s own resources) e.g., legal aid.

Question 8

Pre-action protocol:

Answer 8

Is there any relevant pre-action protocol that MUST be complied with before proceedings are issued?

Question 9

Jurisdiction:

Answer 9

If there is a foreign element to the claim, consider the appropriate jurisdiction.