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Facts of the case

This section should contain mostly relevant facts with a minimum of opinion.

The facts should be those which the solicitor/Counsel will rely on when drafting the client’s Statement/Indorsement of Claim or Defence. If these documents have already been drafted it is permissible to copy from them verbatim. If acting for the Plaintiff/Applicant you must establish a cause of action: for example, in a divorce case, that the applicant meets the requirements of Article 41.2 of the Constitution. In non-family law cases you must ensure that every element of the tort, breach of contract, or other grounds to take a claim has been made out.

You should have regard to the guidelines for decision makers in Part 5 of this Circular before detailing the facts of the case. If there is a section which requires the decision maker to seek certain information from you, provide this information now. Otherwise the decision maker will be compelled to seek the information from you and this will delay the granting of the certificate.