|PRELIMINARY MATTERS||QUESTIONS TO BE CONSIDERED BEFORE FILING THE LAW SUIT|
|1||Relevant Laws||What is the relevant law on the subject matter?|
Does the relevant law support the claim?
Is there a Case law position or statutory provision that could adversely affect the claim?
|2||Proper Parties||Who are the proper parties to this action?|
Is the person to be sued really a proper defendant to this suit?
|3||Statutory limitations||Is there any statute that precludes the right of action over this matter?|
|4||Cause of action |
|When did the cause of action arise?|
Does it still subsist or has been overtaken by some legal impediments?
What remedies are available for me under the law?
|5||Commencement of action|
What mode of commencement is most suitable for the type of action I intend to bring?
Under what head of claim or ambit of the law is it best to institute the action under?
|6||Locus Standi||When all the facts are considered, does the client have legal standing to prosecute the action?|
|7.||Immunity||Does the defendant enjoy immunity?|
If yes, is his immunity permanent or temporary?
How would his immunity affect the chances of commencing and/or maintaining the intended suit
|8.||Costs of Litigation||What will it cost the Client to prosecute the suit in terms of; finance, inflationary trends, time, loss of business goodwill, loss of valued relationships etc.|
|9||Relative Strength and weaknesses of the case||What are the strengths of the case? |
What are the weaknesses of the case? Bear in mind the rules of court on pre-action counselling as applicable in some jurisdictions
|10||Legal Capacity to sue |
and be sued
|Does the intending Claimant have legal capacity to sue?|
In what capacity should he or she sue?
Is he or she an infant suing by his next friend?
Is the plaintiff a company or a natural person?
Should he or she sue in a representative capacity?
|11||Conditions Precedent||Is there any condition precedent that the Plaintiff/Claimant must satisfy before instituting the suit?|
|13||Viability of ADR|
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