Before commencing litigation, a claimant must have a realistic prospect of succeeding with their case. The claim must be capable of withstanding early scrutiny from the defendant, a judge and the risks of cost, evidence and time.
How is the strength of a case assessed?
To access the strength of your case, it needs to satisfy legal tests to qualify as a recognised claim. For example, a contract case requires evidence of formation, agreed terms, breach of terms, and a quantifiable loss. Simplicity of explanation and methodical proof are hallmarks of a strong case.
Evidence is also an essential factor in determining the strength of a case. Factual documents such as contracts, emails, and invoices commonly help determine the outcome of a case. Witness accounts are helpful however, as this evidence is based on memory it is more vulnerable to challenge and reconstruction. Claimants face the risk that a judge, solely examining evidence, might not arrive at the same conclusion if it hinges on assumptions about implied statements or awareness.
The courts compensate proven loss, so it is essential that you can quantify your loss and support this with evidence. Conversely, if a case is legally solid but the remedy is commercially weak, a trial becomes excessively costly. Considering procedure and cost from the outset is important, as time limits can destroy a good claim or pre-action steps which are mishandled can increase the risk of costs.
Evaluating recoverability and settlement arrangements should be assessed as bringing a judgment against an insolvent opponent is of little value. Because this poses a big risk on the viability of a claim, it is important to check solvency, insurance, assets, and enforcement options before any action takes place. Risk shifts as evidence emerges, and many disputes settle after disclosure clarifies the true strengths and weaknesses of a case. A practical indicator for a strong case is when the merits, evidence, value, and cost risk align; putting you in a firm litigation position. If this is not the case, risk should be managed, via other methods such as negotiation or alternative dispute resolution.
Nath Solicitors are a boutique law firm with over 30 years’ legal experience. We provide expert advice on litigation matters. If you need assistance, please call us on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.