Case analysis

Sometimes a dispute simply cannot be avoided. It is at these times that you are likely to wish to know if your claim is worth pursuing (or if your opponent’s claim is worth defending).

Any case has two key elements:

  • its legal value; &
  • its commercial value.

Perhaps 'legal' can include 'moral', in that this is a sense of what is right or wrong. If the legal position is not balanced by commercial considerations, however, you can find yourself embarked upon a fool’s errand.

A simple truth may illustrate the difference; two parties go into litigation, both generally believing that they are in the 'right'. One of them is obviously going to be told that he is wrong (be that in full or in part).

One must therefore weigh up the pros and cons of taking any case forward. You may be about to incur court fees, legal costs, potential expert fees and all sorts of management costs in supporting your legal team through the case. For the successful party, not all of those costs are recoverable and for the unsuccessful party, he must pay his own costs and often two-thirds or more of his opponent’s costs (as well as the damages awarded against him).

Sometimes the financial risks simply do not justify the effort when one considers the best case/worst case or the pain/gain analysis of the case.

We are specialists at analysing and reviewing your case from a legal and commercial perspective. We can advise you early on as to whether the case is commercially worth pursuing, giving you a thorough understanding of the potential risks and costs involved.

Our review also enables us to identify what further evidence and/or expert input you may require either to help you decide whether to proceed and/or to maximise your prospects if you do proceed. We can also evaluate your opponent, to ensure that he is worth pursuing.

Given the understanding of your strengths and weaknesses that we shall thus develop, we can also advise you about your various options for dispute resolution; when to overtly involve the lawyers, what form the dispute process should take and at what point (if any) it is best to try to settle.

Our intention throughout this process is always to advise you as to the best commercial route for your business to adopt and as to the best outcome and when to take it.

If we can assist you in any way, or if you simply want to discuss the needs of your construction and engineering project, we would be delighted to meet with you either in our office or at your office to discuss your issues. Please contact us at any time.