Civil or private claims brought in a Court or Tribunal are determined by a judge on the balance of probabilities. This means that a judge will need to prefer your evidence over your opponent’s. In percentage terms, to tip the balance in your favour you need to reach 51%.
At the outset of the matter we will always review the evidence or information you have provided to us to give you an initial opinion on whether your case meets the threshold. If we are unable to provide an accurate assessment we will explain what further information is needed before we can give you an opinion. The merits will be regularly reviewed as it often changes throughout a case as evidence or information comes to light.
Generally speaking, you should avoid bringing or defending a claim where the prospects of success fall below 51%.
But the merits should not be the only factor taken into account when considering a claim. That is why we will also give you important information about costs and recovery of costs so that you can make an informed decision about whether it is economically viable to proceed with a claim. Likewise, we will discuss and explore the finances and solvency of the opposing party so that you can consider the prospects of recovery and their ability to pay any compensation you might recover.
