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Civil Procedure- Initial case analysis and considerations - Coggle Diagram
Civil Procedure- Initial case analysis and considerations
Overriding objective CPR 1.1
Enable the court to deal with the case justly and at a proportionate cost
So far as is practicable
1- ensures parties are on an equal footing
2- saves expenses
3- deals with the case in ways which are proportionate
4- ensures that it is dealt with fairly
5- Allocating to it the correct amount of courts resources
6- enforcing compliance with rules, practice directions and orders
Initial considerations
Has the limitation period expired?
Contract- 6 years
Tort- 6 years
Personal injury - 3 years
Defamation - 1 year
Judicial review application- 3 months?
If you miss the limitation period?
Paragraph 6.1 of the Code of Conduct of Solicitors states that "you do not act if there is an own interest conflict or a significant risk of such a conflict"
Do the English courts have jurisdiction over the claim?
What options are there for funding the claim and how much will it cost?
How much is the claim worth?
Can the loss even be recovered from the defendant?
Alternatives to litigation? ADR?
Will the outcome justify the expense or the risk?
Can this be done within the realm of professional conduct obligations?
Funding
Private
Before the event insurance
After the event insurance
Trade Union funding
SRA Codes of Conduct
Costs- Para 8.7 of the Solicitors Code "You ensure that clients receive the best possible information about how their matter will be priced and both at the time of engagement and when appropriate as their matter progresses, about the likely overall costs of the matter and any costs incurred"
Para 8.6 of the Solicitors Code- "You give clients information in a way they can understand. You ensure they are in a position to make informed decisions about the served they need, how their matter will be handled and the options available to then"
Professional Conduct
CONFIDENTIALITY
Para 6.3 of the Solicitors Code "you keep the affairs of current and former clients confidential unless disclosure is required or permitted by law or the client consents"
Para 6.5 of the Solicitors Code "You do not act for a client in a matter where the client has an interest adverse to the interests of another current or former client of you or your business or employer, for whom you or your business or employer holds confidential information which is material to that matter"
CONFLICT OF INTEREST
SELF CONFLICT Para 6.1 of the Solicitors Code "you do not act if there is an own interest conflict or a significant risk of such a conflict"
BETWEEN CLIENTS Para 6.2 of the Solicitors Code "you do not act in relation to a matter or particular aspect of it if you have a conflict of interest or a significant risk of such a conflict in relation to that matter or aspect of it"