UK Civil Litigation - Issues, Part 2

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As promised, here is Part 2 of the above vlog, in which I look a more complex causes of action and the importance of identifying the underlying issue before you do anything else.

In this vlog I use examples from cohabitation property disputes, contested wills and financial mis-selling. I look at the importance of identifying issues going not just to the right cause of action, but the correct procedure. This is crucial when it comes to both pleading your case (particulars of claim or defence), but also when it comes to the actual preparation of the proceedings themselves, which can have many phases - and opportunities for early settlement in your favour.

The message here is to correctly identify the issues and so then know how to properly prepare your case for the dogfight ahead in terms of the evidence you will need and the applications you may need to make. Not to do so is akin to flying your spitfire into a dogfight without using the cross-hairs of the machine gun: wasting ammunition and making it likely you will miss the target at the crucial moment. (And at the same time being engaged in the expensive business of keeping an aeroplane in the air.)

I think this is definitely one of the top 3 problems for litigants in person and the major issue is people struggle to get a detached and neutral view of their case, when emotions may be running high and the temptation is to just throw the kitchen sink at an opponent. Be smart. Be professional. Be concise. Build your case around the key issues and do the preparatory work to identify what they are.

Click below for the book where there is more information on issues and also examples and samples of statements of case.

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TOPICS COVERED:
Cohabitation Property Dispute Examples 2/3 minutes
Contested Wills Examples 8/9 minutes
Financial Mi-selling Examples 16/17 minutes

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