Sunday, 6 January 2008

Civil Lit - Potential Claimant

Solicitor Consult

First Interview

1. Who is the Claimant and Defendant?

2. What does the claimant want? Damages, injunction?

Special Damages – are all p[ast quantifiable losses to date (Medical, Damage to property, Travel expenses)

General Damages – all other losses (pain, suffering and loss of amenity).

The limitation period will start to run when the cause for action comes into existence i.e. when the contract is breached:

Basic Contract Case

6 years from breach

Tort Cases

6 years from cause

Personal Injury

3 Years from the date

Defamation

1 year from the publication

Under s33 of the Limitation Act the court has a discretion to extend the limitation period in personal injury cases.

3. Professional conduct issues

4. General Legal Advice? Is it viable?

5. Funding/cost

  • Private payment
  • Conditonal fee agreement
  • Community legal Services funding
  • Before the event insurance
  • Sponsership
  • Pro Bono

6. What the client must be told (Code 2).

  • All costs must be given in writing and basis of firmcharges.
  • Alternative funding.
  • What happens if they loose.

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