This website uses cookies to ensure you get the best experience on our website. Learn more

LPC Law Notes Civil Litigation Notes

Initial Considerations And Pre Action Protocol Notes

Updated Initial Considerations And Pre Action Protocol Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

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 case, 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?

  • Negligence

  1. 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. DOC

  2. Breach

  3. Causation

  4. Damage / loss

  1. Formulate a case theory that accounts for all evidence, satisfies legal elements 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 solicitor – conflict of interest will arise). Inform client and tell him to seek independent legal advice. Must inform insurers. [Professional Conduct]

  1. Civil Procedure Rule 1.1 ‘Overriding Objective’

A civil procedure to enable the courts to deal with the case justly

Ensure parties are on equal footing

Saving expense

Dealing with the case in ways that are proportionate [money; importance; complexity]

  • Checklist

  1. Limitation period – has it expired?

  2. Do English courts have jurisdiction over this claim? (Is there a foreign element – consider Reg.44/2001 Article 2 and Article 5)

Article 2 General rule: person domicile in a member state shall be sued in a court of that member state
Article 5

Exception: in matters relating to a contract – a person domicile in a MS may be sued in another MS if that MS is the place of performance of the obligations in question.

e.g. Sale of goods – place where goods are delivered / should be delivered.

e.g. services – where goods were provided / should have been provided.

  1. Opinions for funding of the claim - how much will it cost to bring?(traditional funding / Conditional Fee Agreement)

  2. Chances of success / merit of case?

  3. How much is claim worth?

  4. Chances of recovery? Is defendant solvent and can he be traced?

  5. Will the outcome justify...

Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.

More Civil Litigation Samples