Can they pay?
A judgment against a company with no assets is a piece of paper. Company searches, property searches and PPSR checks cost little and tell you a lot.
Where are their assets?
If the other side holds assets in trusts, in family members' names or overseas, recovery gets harder. Knowing this early changes strategy, including whether to seek a freezing order.
What is their appetite?
A party that has litigated before, has insurance or has a reputation to protect behaves differently from one that does not. Their history is public.
What do they know?
Are there documents or witnesses that help them? Litigation is discovery in both directions. Make sure your own house is in order.
What do you actually want?
Money, an apology, a contract enforced, a relationship ended cleanly? The answer decides whether you should sue at all, or negotiate, mediate or simply walk away.
The best litigators spend most of their time working out how not to litigate.
This article is general information only and is not legal advice. Contact YSA Partners for advice on your circumstances.