Summary Detailed case analysis chart for criminal proceedings

The parties:

Claimant 
Defendant 


Cause of action:
State the relevant cause of action:

1. Contract
2. Misrepresentation
3. Negligence - PI
4. Negligent misstatement


Limitation:

C must bring their claim within 6 years from the date the action occurred.

HOWEVER, if relevant on the facts – if there is a contract, the contract may state a limitation period and the claim should be
brought within this contractually specified period.

APPLY – can the claim be brought/by when…


Legal elements of the claim:

See individual causes of action info pages for more details.



Factual elements of the claim:

See individual causes of action info pages for more details.

 What were the exact breach/breaches
 What were the consequences of the breach/breaches
 What are the elements needed to prove the existence of the legal basis?
 What facts do we need to prove?
 Is there evidence available to prove the fact?
 What evidence needs to be obtained to prove the fact?
 Will the o/s have evidence which ‘C’ needs?



Assess the evidence:

Assess the strength and weaknesses of the claim/evidence.

 What will help the case?
 What will hinder the case?



Appropriate next steps:
 Obtain additional evidence.
 Experts report?
 Contact o/s?