Step 1: Do you have a strong claim ?


Before even thinking about making a small claim consider whether your case is strong enough to succeed. It is often difficult to take an objective and detached view of a dispute when you are right in the middle of it. Try to look at the facts as they would appear to an impartial judge. Anticipate what your opponent will say. Play devil's advocate. Try to pick holes in your own case. Will your arguments stand up in court? Identify awkward questions that you could be asked. How would you deal with them if they were raised? Get a friend to look over the case for you. Ask them for their opinion from an independent standpoint. Remember, it is for the Claimant to prove his or her case against the Defendant; not the other way around. You must be sure that you have sufficient evidence to prove your claim to the satisfaction of the court. What documents are available to support your account? Do you have any witnesses to back you up? If the case calls for an expert's view, do you have one to support you?

Next Step - Step 2: Is it worth it ?

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Inheritance Disputes, Contentious Probate and Wills Disputes: Slee Blackwell Solicitors, Devon, England, UK