SECOND HELPINGS

摘要

The courts like certainty and finality, writes Kim Franklin. Various procedural rules have been devised to ensure that a claim includes all causes of action relied upon so that they can be dealt with together, once and for all. There is no magic in a cause of action; it is simply the facts that entitle one person to obtain a legal remedy against another. In an ideal world you would have facts that give rise to a breach of contract, in respect of which a claim is made, decided by the court and, if the claimant is lucky, damages are awarded.