initiating civil claims

Question 1

reasons to initiate claims

Answer 1

the main reason to initiate a claim is to be compensated for loss, and to demonstrate that it is unacceptable to infringe others rights

Question 2

risks

Answer 2

• cost
• limitation of actions
• enforcement issues

Question 3

cost

Answer 3

fees for legal representation or out of pocket expenses
- court fees
mediation fees
- fees for expert witnesses
- cost of using tech in managing documents

Question 4

adverse cost orders

Answer 4

a court order that a party must pay part of or all of the other parties costs

Question 5

limitation of actions

Answer 5

the restriction in bringing a civil claim after the allowed time

Question 6

limitations

Answer 6

defamation - 1 year
negligence - 6 years
physical or sexual abuse - no limitation

Question 7

enforcement issues

Answer 7

the consideration of whether or not the defendant is able to pay and will pay the costs

Question 8

enforcement issues - assets

Answer 8

if assets are not personally owned (the item is not under their name) they cant be touched or taken to pay off