Factors to consider before initiating a claim

factors to consider overview

also known as issuing proceedings or bringing civil action. The main reason for doing so is to receive compensation for loss/harm suffered. Factors to consider are:

• costs

• limitation of actions

• enforcement issues

Costs

• legal representation

• disbursements

• adverse costs orders

legal representation

Legal representation can be expensive, and their price can depend on:

• the complexity of the case

• which dispute resolution body is used

• the size of the case

• expertise of the lawyer

disbursements

out of pocket expenses or fees incurred as a part of a legal case. They include fees paid to expert witnesses, court fees, and other third party costs such as photocopying.

adverse costs orders

a court order that a party pays the other party costs. As a general rule, the unsuccessful party should pay for the successful party’s legal fees.

Therefore they should consider their financial position, eligibility for legal aid, and whether possible costs outweigh compensation.

Limitation of actions

The restriction on bringing a civil claim after the allowed time. For most claims, the plaintiff will need to commerce proceedings within a certain period of time

contained in the Limitation of Actions Act 1958

The purpose is to ensure that disputes are resolved quickly, evidence isn’t lost and defendants aren’t forced to face a civil claim long after the event occurred.

Enforcement of issues

relate to whether defendant refuses to pay or cannot pay damages. Issues such as lack of money or assets, the liable defendant being overseas or in prison, or lack of resources.

If a defendant is unable to pay, the plaintiff may need to spend money to enforce the remedy, and should therefore consider if its worth it.