2023년 2월 1일 수요일
What are the preliminary considerations in resolving a dispute through a civil claim in English legal system?
1. Establish the court’s jurisdiction: The court must have the power to hear the claim and the parties must be within its jurisdiction.
2. Identify the parties: It is important to identify all the parties involved in the dispute and their respective roles.
3. Consider the cause of action: The claimant must identify the cause of action and the legal basis for the claim.
4. Consider alternative dispute resolution: The parties should consider alternative dispute resolution methods such as mediation and arbitration.
5. Prepare the claim: The claimant must prepare the claim, including the particulars of the claim, the relief sought, and the legal basis for the claim.
6. Serve the claim: The claimant must serve the claim on the defendant.
7. Consider the limitation period: The claimant must consider the limitation period applicable to the claim and ensure that the claim is brought within the time limit.
8. Prepare for trial: The parties must prepare for trial, including gathering evidence, preparing witnesses, and filing any necessary documents.
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