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Initial Considerations And Pre Action Protocol Notes

LPC Law Notes > Civil Litigation Notes

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A more recent version of these Initial Considerations And Pre Action Protocol notes – written by Cambridge And Oxilp And College Of Law students – is available here.

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Core Module: Civil Litigation

Civil Litigation ONE: Case analysis, Initial considerations, Client Care
[Deciding whether you can act for your client - BEFORE you take instructions]
Case Analysis

Definition: a method for analyzing facts, evaluating strengths and weaknesses of cas working out how facts can be proved and determining what additional evidence is required.

1. What are the possible cause / causes of action?

Contract? Tort?

Performance of contract?


2. Evaluate merits of case

GOOD facts for elements of case

BAD facts for elements of case Contract Tort

1. Binding contract?

2. Terms

3. Breach

4. Causation

5. Damage

1. 2.

3. 4.

DOC Breach Causation Damage /

3. Formulate a case theory that accounts for all evidence, satisfies legal elemen of the claim and is plausible. (I.e. Is your story better than their story?) Initial Considerations

1. Limitation Period Definition: Period in which a person can ISSUE a claim (not service). Limitation Act 1980

Contract - 6 years from date of breach

Tort - 6 years from date of damage

Personal Injury - 3 years from date of damage Calculating the Limitation Period

Time runs on day AFTER the day of breach / tortious act.

Last day for issue of proceedings is ON the limitation anniversary of breach / tortious act.

Missing the Limitation Period

Limitation is pleaded as a defence

Solicitor must cease to act (potential negligence claim against solicito conflict of interest will arise). Inform client and tell him to seek independent 1

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