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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

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

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

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

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

• 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

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

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

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

(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

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

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:

the claimant’s case is poorly conceived or weak. If the claimant seems to have at least an arguable case then pre-action strategy is very important in making the case go away without

outcome of the case. Some multi-party proceedings can reach a high degree of complexity for which the core of claimant and defendant may not be ideal, so that careful case management is

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

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

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

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

following requirements as essential matters: • Heading. It should be headed up with the names and description of the parties (as in a statement of case) and marked ‘Confidential

complex issue of law in the case you need to research it as thoroughly as you might in preparing the case for court. Consider taking copies of key cases or relevant practitioner texts