The Plascon-Evans Rule and the need for a more robust approach:
It is a well-established principle that a litigious civil matter can be commenced in one of two ways, either by way of legal action or by way of application/motion. The material distinction between these two diverging paths lies in whether the ultimate adjudication of the matter is possible on a consideration of affidavits (written evidence more...
The path of least resistance: whether to litigate by action or application?
As litigation attorneys, one of the first substantial decisions to be made when taking on a new litigious instruction, assuming that the client is the party launching the legal proceedings, is inevitably whether the matter should commence via action, in other words via the issuing of summons, or via application, through the delivery of a more...
What is an urgent application?
“What do you mean my matter is not urgent?” This is a question that we hear from clients frequently and, given the importance and effect litigation can have on a person or a company, it’s a perfectly reasonable question to pose to one’s attorney. Unfortunately, urgency is a complicated subject, a matter of degree and more...