8. Establishing and Analysing Facts
8. Establishing and Analysing Facts
- Susan BlakeSusan BlakeDirector of Studies and Associate Dean, Inns of Court School of Law
Abstract
This chapter deals with the issue of facts in a legal case. Effective litigation requires close attention to establishing and analysing the facts relevant to a case, and an ability to understand and address the problems that dealing with facts can present. It is a vital function of the lawyer to be proactive in gathering, sifting, proving, and presenting the facts. The chapter discusses the challenges of establishing truth and ways to address problems with facts; establishing facts; the stages at which factual information is likely to become available (e.g. the first meeting between the lawyer and the client or following pre-action exchange of information); managing and analyzing facts; identifying and dealing with those gaps in facts; and the interaction of facts and law. The final section explains how to build a factual framework for a case.
