Early Steps in Litigation
Written by Aneela Akbar on 01 October 2012« Return to Reading Room
Check the financial position of the person/company you are intending to commence proceedings against to see whether they are likely to be able to pay any damages and/or costs awarded against them in the event that proceedings are issued and they lose.
2. Witness evidence
Draw up a detailed proof of evidence. Interview and draw up proofs from people involved in the proceedings.
3. Documentary evidence
You will usually be asked to provide the solicitor working on your case with the following:
a) All documents relating to your matter. For example, if your claim relates to a breach of contract for purchased goods then the relevant documents may include; a copy of the contract (if any), copies of any correspondence between yourself and the potential defendant(s) etc.
b) Any documents demonstrating/arising from the internal investigation undertaken.
c) Any documents showing the payment history.
4. Find expert witnesses
You may need an expert witness to determine some outstanding question which can only be answered by an expert.
5. Preserve physical evidence (if any)
An expert will need access to samples of the goods (if goods are in question). This will assist the expert to easily identify any question of liability or damages in the outset.
6. Pre-Action Conduct
Pre-Action Conduct will apply; you should comply with the Pre-Action conduct by following the procedure set out by writing a full letter before claim.
This must include:
A fuller explanation of the basis for your claim,
A fuller explanation of the calculation of the damages which you seek, and
Copies of the documents upon which you rely.
The Practice Direction also requires us to consider whether there is any suitable form of Alternative Dispute Resolution.
Want to speak
Complete the form below and we’ll call you back free of charge.