Enjoying the journey Alex, as part of the cause of action. If a party is required to have legal title would evidence of this be part of the cause of action? My thoughts are, even if a party brings a claim under a certain legislation but maybe acting as a party that has acquired legal assignment, until that’s evidenced they wouldn’t have a right to being said cause of action because putting it bluntly, what does it have to do with them is what I would be asking?
Not a lawyer, but my guess is that the party that claims to have a cause of action needs to meet at least the prima facie standard that they have a cause of action. Whether or not the party has the legal title to have a cause of action may be in dispute - this might be the only issue that the litigants want the court to rule on, but to have a cause of action there has to be some evidence that there is a cause of action. The nature of the evidence available might determine the nature of the case - the evidence might be a Will that is in dispute, it might be unclearly written conveyancing clause, or it might be a fraud. Confirming what evidence is in dispute, where this determines whether there is a cause of action or not, seems to require the evidence to be provided, to the degree that the court can see, prima facie, that there is a cause of action.
Hello Alex. I remember you used to do some online advice sessions every two weeks to promote your book 'fly solo' . These sessions were great. I wonder if these are still taking place? Best Wishes, M
