A cause of action is a legal claim that gives a person the right to sue for a remedy in Court. It’s imperative that we identify one before writing on your behalf and this insight explains more about how Tozers can help you with your dispute or potential dispute.
What is the relevance of the ‘cause of action’?
A solicitor will assess the facts of your case to determine if a valid cause of action exists. Identifying a cause of action may often go hand-in-hand with you having suffered some form of loss (i.e., financial loss, stress or damage to property). You can then use this information to bring a claim against another party.
The other party is clearly doing something wrong so surely I have a cause of action?
The law is a system of rules that may be enforced when someone breaches them. Examples are when somebody breaches a contract with you, infringes your trade mark or makes a defamatory statement about you. However, the law is not primarily concerned with what is ‘right’ and ‘just’ – although this can be a factor in some cases. Instead, the focus is often whether one party’s acts or omissions fall foul of the strict legal framework or whether their circumstances give rise to a potential claim. In practice, this means that the other party’s behaviour may be unreasonable but that does not necessarily mean that it will give rise to a cause of action on which you can sue.
Making empty threats is unproductive because it undermines your credibility and can lead to unnecessary escalation and further issues:
1. Empty threats can damage your reputation and make the other party less likely to take your claim less seriously.
2. If the other party seeks legal advice, their lawyer will scrutinise your statements for any weaknesses. Vague or exaggerated claims can be easily dismantled, detracting from your stronger, more valid points.
3. Precise and well-founded communication reflects professionalism and seriousness, which can lead to more productive negotiations and resolutions.
I just want a legal letter from a solicitor – can you help me?
In order to write a letter to notify a third party of a potential claim we must first identify the underlying cause of action. As lawyers, we are officers of the Court and we must act honestly. The solicitors’ Code of Conduct, for example, says we must only make assertions or put forward statements or submissions to the Court or others which are properly arguable.
At Tozers, we will provide you with a free quote if we can assist with your dispute, perform due diligence checks and open a file before we will be in a position to advise you. After we have reviewed your claim we will be able to help you decide the best approach to your individual situation which may involve writing legal correspondence as a subsequent first step.
Can you tell me whether I have a legal claim without reviewing my case?
Whether you have a claim depends on a full review of the surrounding circumstances and to review these we will need to spend time considering the background to the dispute and any documents you have. We are not able to assess whether you have a claim before doing so.
Instead, we offer a preliminary fact finding call with you to ask you some questions and you can read more about these here: How Tozers Can Help You With Your Dispute. We make no charge for this call.
Legal services are strictly regulated and what may seem like a simple “yes” or “no” question to you may be more complicated for a lawyer to answer. If we do not have a client retainer letter with you we cannot confirm or deny any legal questions you ask us. We appreciate this may be frustrating but our procedures protect you, as well as ensuring we provide a high level of service and reliable advice.
If we are unable to assist, we will do our best to indicate where you might obtain other sources of useful information about the dispute. There are free advice services available to support you, including:
· Citizens Advice: Find your local Citizens Advice - Citizens Advice
· Exeter University Pro Bono Law Clinics such as the University of Exeter’s Access to Justice Clinic: a2jclinic@exeter.ac.uk
· Professional listening services such as The Samaritans: Talk to us on the Phone | Samaritans
If I identify a cause of action is the only way to achieve a resolution with Court action?
No. There are different ways forward and we can help you navigate these. Modern dispute resolution encompasses a system of pre-action protocols aimed at sorting out the problem without Court action and mediation is a popular and effective alternative.
Conclusion
The key takeaway point is that your case may appear simple but for us to act in accordance with our regulatory code and to draft legal correspondence or documents with a degree of precision, reliability and clarity we must consider the underlying legal basis in more detail. We will quote accordingly for our time if we think we can help. We will also discuss funding options with you which are appropriate to your claim.
How can I get in touch with Tozers?
You can contact our specialist Litigation Team to speak with a lawyer in a free preliminary, no-obligation phone or video call. We are a team of specialist litigation lawyers with a focus on providing pragmatic advice and resolving disputes quickly, efficiently and with the best outcome achievable.
You can call us on 01392 207020 or fill in the ‘Make an Enquiry’ form on our website.
