Case Analysis and Pre-Action Behaviour

The starting point for any litigator is an ability to analyse a case and in particular, to identify the issues. This skill is essential because of the requirements of the Overriding Objective. In this course, the delegates learn how to conduct a detailed analysis of the facts of a case and how to create a case theory. The course also concentrates on appropriate pre-action behaviour.

The topics covered

• Preparing to meet a client;
• Interview and meeting skills;
• Managing client expectations, including costs;
• Standard engagement letter and terms of business;
• Investigating the case;
• Case analysis and creating a case theory;
• Merits assessment;
• Setting objectives;
• The Overriding Objective;
• Considering different dispute resolution methods (litigation; arbitration; ADR);
• Considering choice of jurisdiction and parties;
• Pre-action tactics;
• Pre-action protocols; and
• Pre-action disclosure.