Legal Definitions - probabilis causa litigandi

Probabilis causa litigandi is a Latin legal term, primarily used in Scots law, which translates to "a probable cause of action." It refers to the requirement that a person wishing to pursue a legal case must demonstrate that they have a reasonable and credible basis for doing doing so. Essentially, it means there must be a genuine and arguable legal claim, not just a baseless complaint, for the legal system to consider it.

This concept is particularly relevant when individuals seek legal aid or when a court needs to determine if a case has sufficient merit to proceed. It ensures that legal resources are directed towards claims that have a reasonable likelihood of success or are not frivolous.

• Example 1: Personal Injury Claim for Legal Aid

  Imagine a pedestrian who was seriously injured when a delivery van, whose driver was distracted, ran a red light and hit them. The pedestrian has medical reports confirming their injuries and eyewitness accounts supporting the driver's negligence. As they have limited income, they apply for legal aid to sue the delivery company for damages.

  The legal aid board would assess whether the pedestrian has a "probabilis causa litigandi." Given the clear evidence of the driver's fault, the documented injuries, and the direct link between the two, there is a strong, probable basis for a successful personal injury claim. This demonstrates a reasonable likelihood of success, making it a strong candidate for legal aid.

• Example 2: Breach of Contract Dispute

  Consider a small construction company that ordered a specific type of reinforced steel beams from a supplier for a new building project. The supplier delivered a cheaper, less durable type of steel, which was unsuitable for the project's structural requirements. The construction company incurred significant costs to replace the incorrect materials and faced project delays. They decide to sue the supplier for breach of contract.

  In this scenario, the construction company would need to demonstrate "probabilis causa litigandi." The existence of a written contract specifying the correct steel, evidence of the incorrect delivery, and documented financial losses and delays provide a clear and probable basis for a breach of contract claim. The company has a strong argument that the supplier failed to meet their contractual obligations, making their legal action well-founded.

• Example 3: Challenging a Will

  Suppose an elderly person, shortly before their death, changed their will to leave their entire estate to a new acquaintance, disinheriting their long-standing children. The children believe their parent lacked the mental capacity to make such a significant decision at the time the new will was signed, or that they were unduly influenced by the acquaintance. They consult a solicitor about challenging the validity of the will.

  The solicitor, in their initial assessment, would look for "probabilis causa litigandi." If the children can provide medical records suggesting their parent's declining cognitive function around the time the will was changed, or evidence of the acquaintance's manipulative behavior, then there is a probable cause to challenge the will's validity. This indicates the claim is not frivolous and has a reasonable chance of being argued successfully in court.