Important Points to Consider at the Outset

Is the Defendant worthy of attention?

In order to ascertain whether it is worthwhile pursuing a Litigation claim, first make sure that the Defendant is:

• Traceable
• Solvent

The outcome of a claim will depend on:

• The Claimant's ability to prove that the Defendant is to blame.
• The Claimant's ability to prove that the loss and/or injury (be it injury, property damages or financial loss) occurred as a direct result of the blame of the Defendant.
• The Claimant's ability to prove that the losses are reasonable in amount.

It is important to view your case objectively, as this may save you from pursuing a claim that is likely to be unsuccessful or from attempting to defend an indefensible claim. The following matters are relevant:

• Concentrate on fact and not opinion
• What evidence exists?
• Is the majority of evidence favourable or unfavourable to your case?
• Are you confident of proving your case on the balance of probabilities?

A time limit exists for bringing your claim before the Court.

- For contract matters this time limit is 6 years from the breach of contract.

- For negligence matters this is 6 years from when the damage occurred

- For personal injury the time limit is 3 years from:

• the date of the accident or
• the date of knowledge that:
  • the injury is significant enough for Court proceedings and
  • an injury is due to the Defendant's fault and
  • the Defendant's identity becomes known

Please also note that for death and personal injury the Court has a discretion to override the limitation period.

Contracts

• Loss which flows naturally from the breach.
• Loss which was in the reasonable contemplation of the parties at the time the contract was made.
• There is a duty on the Claimant to keep losses to a minimum. Please note this does not apply to debt claims.

Negligence

• Direct loss and consequential loss which is a reasonably foreseeable consequence of the negligence.

Personal Injury

• Special damages: financial losses up to the date of trial.
• General damages: past and future non financial loss and future financial loss