Analysis of the case
This should be thorough but concise and contain a mixture of facts and opinion. It must include:
- A brief statement of the law which applies to the case which is intended to be pursued or defended. If a counsel’s opinion has been obtained then reference should be made to it and made available to Legal Services in EOS.
- A statement as to whether any proposed action or defence has met the requirements of such law to successfully pursue or defend and reference may be made to the opinion of counsel if available.
- If there is a relevant statutory period in which to bring the proceedings then the solicitor’s best estimate of when such period should expire. The Risk tab in the case should have been fully completed prior to the application being made.
- The likely amount or value of any award which will benefit the applicant from taking such proceedings or the likely liability which the applicant will incur should he/she be unsuccessful in defending the proceedings. In this context refer to the likely cost of bringing or defending the proceedings.
- In relation to non-family law, the other side’s case, in so far as can be ascertained. In the case where there have been no communications with the other side you should make points which you anticipate the other side will make.
- On the basis of the facts established at the time of the application what prospects of success the applicant has in the proceedings, in the solicitors professional judgement. The solicitor may refer to counsel’s opinion or any relevant law.