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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5953
Experience:  Director and Principal Solicitor. UK
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I have a procedure question before trial

Customer Question

I have a procedure question before trial
Submitted: 11 days ago.
Category: Law
Expert:  SolicitorRM replied 11 days ago.

good day welcome to Justanswer,

Expert:  SolicitorRM replied 11 days ago.

i am a solicitor and i will be reviewing your question.

Expert:  SolicitorRM replied 11 days ago.

Please note that I can guide you, justanswer does not provide legal representation and as such no legal lawyer/client relationship is formed

Customer: replied 11 days ago.
Hello
Customer: replied 11 days ago.
I wanted help with clarifying how to put together the list of common grounds and issues for a trial
Customer: replied 11 days ago.
I am not sure where to get started and how to do this
Customer: replied 11 days ago.
how much detail to write in it
Customer: replied 11 days ago.
Is this something you can help with?
Expert:  SolicitorRM replied 11 days ago.

yes i can help , please be patient while i respond.

Customer: replied 11 days ago.
Customer: replied 11 days ago.
I don’t want to have a phone call
Customer: replied 11 days ago.
If you can’t help is it possible to direct my question to another lawyer please?
Expert:  SolicitorRM replied 11 days ago.

Good day, rest assured i am responding to you.

Expert:  SolicitorRM replied 11 days ago.

Thank you, ***** ***** you want to ask about before trial. What is the trial about?

Customer: replied 11 days ago.
Thank you! The issue is whether or not a contract exists, and then whether or not that contract was breached. What I want assistance with is what do I need to do to draft the “list of issues” for the court? And to what level of detail?
Expert:  SolicitorRM replied 11 days ago.

Have you been ordered to do an agreed list of issues or you are doing your own and the other party theirs?

Customer: replied 11 days ago.
Each is doing their own
Expert:  SolicitorRM replied 11 days ago.

So from your claim and their defence you will be able to see what is in dispute and from that you devise the isses for consideration in court. So if the defendant is for example saying there is no contract then that could be your issue 1, Is there a valid contract ? then you do bullet points on the factors that you believe prove a contract and they do not eg 1.1 by acceptung the order on x 2021 did the Defendant accept he offer made by the claimant 1.2 was the invoice xxxx submitted as per the terms of the contract

And then you move on to next issue eg 2 was the Claimant entitled to interest?  then you break this down.

If there is a claim that the pre-action protocol for your type of claim has been breached you could have point 3 asking  was the preaction protocol for....breached?  3.1 did the claimant give notice of the claim allowing reasonable time to respond

utlitmately your list of issues should really not go over one side of A4 page because it should be a snap shot of the legal matters involved not regurgitating the facts .

Expert:  SolicitorRM replied 11 days ago.

Any follow up please do not hesitate to send your message. We are always glad to assist. If you would prefer to talk on the phone please go not hesitate to accept the call offer. Thank you for contacting just answer. All the best.