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.