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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.

The following is a more accessble 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:

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?

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Contract? Tort?

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Performance of contract?

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Negligence

2. Evaluate merits of case

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GOOD facts for elements of case

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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 /
loss

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

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Contract - 6 years from date of breach

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Tort - 6 years from date of damage

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

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

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

Missing the Limitation Period

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Limitation is pleaded as a defence

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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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