ABSTRACT
This chapter is the first of two focusing on developing client case analysis skills and using those skills to analyse key decided cases in tort law. It begins with a reminder of a clear client case analysis structure. It explores the skill of client case analysis as the foundation for litigation. It shows how a clear structured analysis of the client’s prospects of success in making or defending a claim enables the assessment of litigation risk. This in turn provides a structured approach to considering a negotiated settlement of the claim. The chapter then turns to a consideration of client case analysis in the context of reported cases. It explains how the legal issues which have come before the courts for determination were selected and shaped by the case analysis carried out by the parties themselves.
