statement of case for the first time will be able to understand the essential factual basis of the claim or defence. 14.10 The main rules in drafting statements of case are that they
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important is case law for the case? Do you need to show, for example, how a statutory section has been interpreted? • if case law might be helpful, which specific issues might case law
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unless the words are directly relevant. • Any document which is an essential element of a case must be referred to specifically, including when it was made, by whom, and if
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set out in the overriding objective that cases should be dealt with proportionately to the amount at stake and to the importance of the case, the CPR provide for the allocation of claims
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not further explored. To conduct litigation effectively, not least in a complex case, it is essential to have a clear overview of the process, the stages in the process, what options
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is essential to define the objectives and the issues, identify relevant law, collect evidence to prove facts, so as to be able to assess the strengths and weaknesses of the case and
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intended to provide an effective case management tool for judges when considering the directions that are best suited to the case in hand. When making any case management decision, the court
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that is the case. It might, for example, be that it is simply not possible to evaluate the case sufficiently to use ADR (although this would need to be shown to be the case). The fact
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decisions. Appeal Cases contain House of Lords (English, Irish, and Scottish) appeals and Privy Council cases. If a case is reported in the Law Reports, any citation to that case before the
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that the trial of a case proceeds quickly and efficiently. General case management 4.15 In the general run of cases there will be active judicial case management at the
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• The information that is essential to take provisional decisions on the type of case, the broad remedies sought, and the general strength of the case. • The further information
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when a substantial body of material held electronically may be relevant to a case. It is not essential to make special provision simply because some relevant material is held elect
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made to court vary with each case, but careful choice of what applications to make at what stage in a case can make a significant difference in how well a case is prepared, and how well
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happen in the next edition of a newspaper. Further, there are some cases where court approval is essential, for example cases involving unclear provisions in wills, and approval of compromises
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plc v Coopers and Lybrand [2001] CPLR 451. Case summaries 39.14 In a case of any size it is essential that a case summary should be prepared. This should be a short,
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civil case General framework for an opinion in a civil case 10.48 I I The contents of an opinion The content of an opinion 10.49 Summarizing the facts of the case Summarizing
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(1983) 127 SJ 69), but this does not mean that it is essential to get all possible information relevant to evaluating a case before advising on settlement where the cost would be
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This form should always be used, with only such modifications as are essential to fit the circumstances of the case. Any substantial variation should be brought to the attention of the
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in their case; • the court in objectively understanding and assessing the case. 21.07 Examples of where appropriate expert evidence might be needed in a case include:
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parties to the case will give their personal evidence as witnesses. The importance of witness evidence is an historic premise of civil litigation and it remains the case, save only that