Case & Matter Analysis Flashcards

When analysing a civil dispute, the first step is to identify:

Answer: The cause of action and the legal basis for the claim

Identifying the cause of action establishes the legal framework and determines what elements must be proved, what defences might arise and which court has jurisdiction.

Limitation periods in contract claims in England & Wales are governed by the Limitation Act 1980, which provides:

Answer: 6 years from breach for simple contracts, 12 years for deeds

Simple contracts have a 6-year limitation period from the date of breach; contracts made by deed have 12 years; a 3-year period applies to personal injury claims.

In a negligence claim, to establish breach of duty the solicitor must show:

Answer: The defendant fell below the standard of the reasonable person in the circumstances

Breach of duty is assessed objectively against the standard of the reasonable person (or reasonable professional in professional negligence), not by reference to subjective intent.

Which principle allows a court to draw an inference of negligence from the mere occurrence of an accident?

Answer: Res ipsa loquitur

Res ipsa loquitur ('the thing speaks for itself') allows the court to infer breach of duty where the accident would not ordinarily occur without negligence and the defendant was in control.

In professional negligence, the test for the standard of care applicable to a solicitor is:

Answer: The standard of the reasonably competent solicitor in the relevant field

The Bolam/Bolitho test adapted for solicitors requires the standard of the ordinary competent practitioner in that specialism — not the most skilled, but not the least either.

Which document sets out the parties' agreed facts, contested issues and procedural timetable in civil litigation?

Answer: Case Management Order

A Case Management Order issued following the case management conference records the agreed and disputed issues, case summary and procedural steps to trial.