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03 July 2015 / Clare Arthurs , Richard Marshall
Issue: 7659 / Categories: Features , Profession
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A practical alphabet

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Clare Arthurs & Richard Marshall share an (almost) A-Z guide to pre-action considerations

Alternative dispute resolution

The courts genuinely want and expect parties to settle. Parties will need to prove that they have considered, offered or undertaken a form of ADR.

Be reasonable

The courts will see most of the correspondence, and a measured approach should (in theory) play out better than an unreasonable one.

Costs

Any disproportionate or unnecessary pre-action costs may not be recoverable from the other side.

Documents

What documents might you need to share with the other side at this early stage in order for them to make an informed decision about how to proceed?

Experts

What expert evidence might be needed to support your case or challenge the other side’s? Is it worth getting a preliminary advice to properly assess the strengths and weaknesses of the case?

Funding

Is there an insurance policy in place that might cover the potential litigation? Would ATE insurance be appropriate?

Get specialist advice (if required).

Counsel can prove a useful sounding board

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NEWS
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The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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