Knowing what law you can rely on and how this will impact upon your claim (whether you are claiming or defending) is essential. It can mean the difference in the level of damages you either recover or may have to pay out. It therefore in turn affects your considerations as to risk.
A good example of this is in professional negligence claims. There are usually two types of claim that you can rely on, namely contract or negligence. In fact you would normally claim side-by-side (concurrent) liability in both. Sometimes however you see that only one of the rights is relied on. That is fine provided you chose the right one, because different tests apply to each. Under contract any loss must be what was in the contemplation of the parties when the contract was made; whereas in negligence the loss must be one that is reasonably foreseeable as liable to happen.
When we advise, we bear these kind of legal considerations and how courts apply them in mind.
Please feel free to ‘tap’ into our knowledge. If you have a claim that you wish to discuss, please do contact one of our litigation lawyers for a free initial telephone discussion.