Learning Outcomes
After reading this article, you will be able to evaluate the strengths and weaknesses of a civil claim or defence by identifying legal causes of action, assessing the sufficiency and relevance of evidence, and applying the correct burden and standard of proof. You will also understand how to anticipate and analyse common defences, and how to use these skills to advise clients and prepare for SQE1-style questions.
SQE1 Syllabus
For SQE1, you are required to understand how to analyse the merits of a claim or defence in civil litigation. Focus your revision on:
- Identifying and applying legal causes of action in contract and tort.
- Evaluating the sufficiency and admissibility of factual evidence.
- Understanding the burden and standard of proof in civil proceedings.
- Recognising and assessing common legal defences.
- Advising on the strengths and weaknesses of claims and defences in practical scenarios.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What is the standard of proof in civil litigation, and who bears the burden of proof?
- How would you determine if a client has a viable cause of action in negligence?
- What factors should you consider when evaluating whether a defence is likely to succeed?
- In what circumstances might a court find that a claim is weak, even if the facts are largely undisputed?
Introduction
Analysing the merits of a claim or defence is a core skill in civil litigation. For SQE1, you must be able to identify the legal and factual strengths and weaknesses of both sides in a dispute. This involves applying legal principles to the facts, assessing the available evidence, and considering procedural and practical factors that may affect the outcome.
Identifying the Legal Basis
The first step in evaluating a claim or defence is to establish the relevant legal cause of action or defence. This requires matching the facts to the legal elements required for the claim.
Key Term: cause of action
The legal basis on which a claimant seeks a remedy from the court, such as breach of contract or negligence.
Common causes of action include:
- Breach of contract: Has a valid contract been formed? What terms have been breached?
- Negligence: Is there a duty of care, breach, causation, and loss?
- Other torts: Such as trespass, nuisance, or misrepresentation.
If the facts do not support all elements of a cause of action, the claim is likely to fail.
Assessing the Evidence
Once the legal basis is identified, the next step is to evaluate the evidence supporting each element of the claim or defence.
Key Term: evidence
Information presented to the court to prove or disprove facts in issue, including documents, witness statements, and expert reports.
Consider:
- Is the evidence relevant and admissible?
- Are there contemporaneous documents supporting the facts?
- Are witnesses credible and consistent?
- Is expert evidence required for technical issues?
Key Term: burden of proof
The obligation on a party to prove the facts necessary to establish their case.Key Term: standard of proof
The level of certainty required to prove a fact in court. In civil cases, this is the balance of probabilities.
The claimant usually bears the burden of proof and must prove their case on the balance of probabilities (i.e., more likely than not).
Analysing Factual and Legal Issues
Break down the claim or defence into its legal and factual components. For each element, ask:
- What facts must be proved?
- What evidence is available?
- Are there gaps or inconsistencies?
- Are there legal uncertainties or unsettled points?
Worked Example 1.1
A client alleges that a supplier delivered defective goods. The contract required delivery by 1 June, but the goods arrived on 5 June and were faulty. The supplier claims the delay was due to a transport strike and that the goods met the agreed specification. How would you analyse the merits of the claim and defence?
Answer: Identify the cause of action (breach of contract). Assess whether late delivery and defective goods amount to breaches. Review the contract for force majeure or exclusion clauses. Examine delivery records and product specifications. Consider evidence of the strike and whether it excuses late delivery. Evaluate if the goods were in fact defective and whether the supplier's defence is supported by evidence.
Anticipating and Evaluating Defences
A strong claim can be undermined by a valid defence. Common defences include:
- Limitation: Has the claim been brought within the statutory time limit?
- Contributory negligence: Did the claimant contribute to their own loss?
- Exclusion clauses: Does the contract limit or exclude liability?
- Causation: Is there a break in the chain of causation?
Key Term: limitation defence
A defence that the claim is time-barred because it was not brought within the period allowed by law.Key Term: contributory negligence
Where the claimant's own negligence contributed to their loss, reducing any damages awarded.
Worked Example 1.2
A claimant sues for personal injury three years and two months after an accident. The defendant pleads limitation. What is the likely outcome?
Answer: The standard limitation period for personal injury is three years from the date of the accident or knowledge of the injury. If the claim is issued after this period, the defendant can raise a limitation defence. Unless the court exercises its discretion to extend time (rare), the claim will be struck out as time-barred.
Causation and Remoteness
For many claims, especially in tort, it is essential to prove that the defendant's breach caused the claimant's loss and that the loss is not too remote.
Key Term: causation
The requirement to show that the defendant's breach directly caused the claimant's loss.Key Term: remoteness
The principle that only losses reasonably foreseeable at the time of the breach are recoverable.
Ask:
- Would the loss have occurred "but for" the defendant's breach?
- Was the loss a reasonably foreseeable consequence?
Worked Example 1.3
A business claims lost profits after a supplier failed to deliver machinery on time. The supplier argues that the loss was due to a downturn in the market, not the delay. How should causation be analysed?
Answer: Apply the "but for" test: would the business have suffered the loss if the machinery had been delivered on time? If the loss was due to market conditions, not the delay, causation is not established. The claim may fail unless the claimant can prove the loss was caused by the breach.
Weighing the Merits: Strengths and Weaknesses
When advising a client, summarise:
- Which elements of the claim or defence are strong, and why?
- Where are the weaknesses or evidential gaps?
- Are there legal uncertainties or risks?
- What is the likely outcome if the matter proceeds to trial?
Exam Warning
In SQE1, questions may present scenarios where the facts appear strong, but a key legal element is missing or a defence is likely to succeed. Always check that all elements of the claim are satisfied and that no complete defence applies.
Practical Application: Advising Clients
When advising, be clear and realistic. Explain:
- The legal basis for the claim or defence.
- The evidence required and any weaknesses.
- The risks of litigation, including costs and possible adverse outcomes.
- The potential for settlement or alternative dispute resolution.
Revision Tip
When analysing a scenario, use a checklist: legal basis, evidence, burden and standard of proof, possible defences, causation, and remoteness. This will help ensure a thorough and structured answer in SQE1 questions.
Key Point Checklist
This article has covered the following key knowledge points:
- Analysing the merits of a claim or defence requires identifying the legal cause of action and matching the facts to its elements.
- The burden of proof is usually on the claimant, with the standard being the balance of probabilities.
- Evaluate the sufficiency, relevance, and admissibility of evidence for each element.
- Anticipate and assess common defences, such as limitation and contributory negligence.
- Prove causation and remoteness to establish liability and recoverable loss.
- Summarise strengths, weaknesses, and risks when advising clients or answering SQE1 questions.
Key Terms and Concepts
- cause of action
- evidence
- burden of proof
- standard of proof
- limitation defence
- contributory negligence
- causation
- remoteness
