Issuing proceedings should not be treated as the automatic next step whenever a dispute arises. Before starting a claim, there are several fundamental questions to consider. A little preparation at the outset can prevent expensive procedural problems later.
Who exactly are you suing?
Identifying the correct Defendant is essential. Trading names, companies, individuals and insurers are not automatically interchangeable. Check the legal identity of the person or organisation you say is responsible before proceedings are issued.
What is your legal basis for the claim?
Being treated unfairly does not necessarily create a legal cause of action. You should be able to explain what right or obligation you say has been breached and what remedy you are asking the Court to provide.
What evidence do you have?
Consider the documents and witnesses that support your account. Contracts, correspondence, photographs, invoices, expert evidence and contemporaneous records may all become important.
Are there relevant time limits?
Different causes of action can have different limitation periods. Do not assume the same deadline applies to every dispute or leave limitation until the last minute.
Is litigation proportionate?
Consider the value of the dispute, the likely cost and time involved, enforcement risk and whether settlement or another form of dispute resolution may be more appropriate.
Final thought
Court proceedings can be an effective way to resolve a dispute, but issuing first and working out the details afterwards is rarely a good strategy. Understand the claim, the parties, the evidence and the practical risks before you begin.
