Legal Strategies in Financial Assessment

Weighing the opponent's financial situation before bringing a case. This could involve checking if they have assets to cover potential court costs or if they are insured.

A professional who helps gather information about someone's assets, such as property or vehicles.

A method used to gather financial information about a company or a limited liability partnership.

A situation where a defendant is receiving financial assistance from a government agency, making it less likely for the winning plaintiff to receive costs.

A type of court order preventing someone from selling or moving their assets to avoid paying court-ordered damages.

When a defendant has insurance coverage that might cover damages or legal costs, potentially reducing the defendant's financial burden.

The process of a defendant intentionally reducing their assets to avoid paying court-ordered damages.

A defendant residing in another country, raising the possibility of difficulty in enforcing a judgment or collecting damages.

The initial assessment of the merits of a legal case to determine its strength and viability.

The legal rules that govern the specific area of law in a case. For example, in a contract case, the elements of offer, acceptance, and consideration.

Facts that support the client's case and strengthen its arguments.

Facts that potentially weaken the client's case and raise concerns.

The process of systematically evaluating the facts and evidence in a case against the elements of the legal framework. Helps identify potential weaknesses and strengths.

A legally binding agreement between two or more parties. Elements include offer, acceptance, consideration, intention to create legal relations, and certainty of terms.

The specific provisions within a contract. Can be expressed (written down) or implied (understood from the context).

When one party fails to fulfill their obligations under the contract.

The connection between the breach of contract and the damages suffered. The breach must directly cause the loss.

The financial loss suffered as a result of the breach of contract.

The legal principle that limits the amount of damages that can be recovered. Only losses that were reasonably foreseeable at the time the contract was formed can be claimed.

A specialized area of law dealing with the negligence of professionals, such as doctors, lawyers, and accountants.

A legal duty to act with care and skill, which is owed by a professional to their client or patient.

When a professional fails to meet the required standard of care in their field.

A test used to determine the standard of care expected from a professional. It asks whether the professional acted in a way that another reasonable professional in the same field would have acted.

A court process requiring the court's permission to present expert testimony, which helps the judge decide if experts are essential for the case resolution.

The standard practice to use a single joint expert for a whole case, chosen by both parties, to ensure unbiased and consistent evidence.

Procedures undertaken before issuing a formal lawsuit to resolve disputes outside court, promoting early settlements and efficient case management.

The main objective of pre-action conduct, advocating for parties to reach an agreement before entering a formal legal process.

Guidelines offering structured steps to resolve disputes before legal action, covering specific areas like personal injury or professional negligence.

The document outlining the steps required for pre-action conduct in cases without specific protocols, emphasizing transparency and fairness.

The initial step in professional negligence claims where the claimant informs the professional about the potential lawsuit.

A formal letter detailing the professional negligence claim, outlining the alleged misconduct and its consequences for the claimant.

The period within which the professional, after receiving the letter of claim, must investigate and respond with their perspective on the allegations.

Information that is legally protected from disclosure, typically to maintain confidentiality during legal proceedings.

A specific protocol outlining the pre-action steps for resolving disputes involving professional negligence, tailored to various professions.

The formal document that outlines the details and chronology of the professional negligence claim, explaining how the alleged negligence led to the claimant's losses.

The requirement for the claimant to provide information on their appointed expert, if any, in the Letter of Claim, to ensure transparency.

The professional's mandatory acknowledgment after receiving the Letter of Claim, confirming receipt.

The importance of adhering to the professional negligence protocol, as failure to comply can result in penalties and costly repercussions.