Housing merits evaluation rules
1. Introduction
1.1 These Rules govern the administration of the ClearPoint Housing Merits Evaluation (Counsel’s Opinion) service.
1.2 Its purpose is to provide an independent written opinion on the legal merits of a housing dispute to assist informed strategic decisions.
1.3 A Housing Merits Evaluation is advisory in nature. It does not determine rights, resolve the dispute or bind any person.
2. Scope
2.1 These Rules apply to every Housing Merits Evaluation administered by ClearPoint.
2.2 Instructions may be accepted from solicitors, law centres, local authorities, housing associations, registered providers, charities, advice organisations, landlords, tenants, insurers and other organisations approved by ClearPoint.
3. Purpose of the Opinion
The Opinion may assist by assessing legal merits; identifying strengths and weaknesses; considering evidential and procedural issues; assessing litigation risk and prospects of success; identifying settlement opportunities; and recommending future procedural steps.
4. Nature of the Service
4.1 The Housing Merits Evaluation is an independent written opinion.
4.2 It is not legal representation, mediation, arbitration, Early Neutral Evaluation, advocacy, judicial determination or legal proceedings.
4.3 Unless expressly agreed, the Opinion is prepared solely upon the documents provided.
5. Commencing the Evaluation
5.1 The Evaluation commences when instructions are accepted, payment arrangements are confirmed and the required documentation has been received.
5.2 ClearPoint may refuse instructions where the dispute falls outside its remit, a conflict exists, insufficient information is provided or the matter is otherwise unsuitable.
6. Instructions
The instructing party should identify the background facts, the issues requiring opinion, any procedural deadlines, the documents relied upon and any specific questions requiring consideration.
7. Documents
The instructing party should provide where available: pleadings, tenancy agreements, witness statements, correspondence, photographs, expert reports, court orders, schedules, medical evidence, Equality Act evidence and relevant legislation relied upon.
8. Appointment of Counsel
8.1 ClearPoint shall appoint an appropriately qualified barrister or specialist housing lawyer.
8.2 Appointments shall take account of expertise, independence, availability and complexity.
9. Independence
The appointed specialist shall remain independent, act impartially, owe no duty to the opposing party and prepare an objective opinion.
10. Scope of Review
The specialist may consider factual background, legal framework, pleaded issues, evidence, procedural history, strengths, weaknesses, litigation risks, proportionality and settlement opportunities.
11. Requests for Further Information
The specialist may request additional documents, clarification, chronology, missing evidence or further instructions. Failure to provide requested information may affect the scope of the Opinion.
12. Conferences
Where agreed, ClearPoint may arrange remote conferences, meetings with instructing solicitors or conferences with counsel. Conferences do not replace the written Opinion unless expressly agreed.
13. Written Opinion
The Opinion may include a summary of facts, issues presented, applicable law, analysis, evidential observations, strengths, weaknesses, prospects, procedural recommendations, settlement observations and conclusions.
14. Supplemental Opinions
Where substantial additional material becomes available after the Opinion has been issued, the instructing party may request a supplemental opinion. Acceptance shall be at ClearPoint’s discretion.
15. Reliance
Unless expressly agreed otherwise, the Opinion is prepared solely for the instructing party, third parties may not rely upon it, and no duty of care is owed to persons other than the instructing party.
16. Confidentiality
All instructions, documents and Opinions shall remain confidential except where disclosure is authorised, required by law or necessary for professional obligations.
17. Legal Advice
Where the Opinion contains legal analysis, it is provided solely within the scope of the agreed instructions. It should not be interpreted as ongoing legal representation.
18. Communications
Communications shall ordinarily occur electronically unless otherwise agreed.
19. Fees
Fees shall be agreed before commencement unless otherwise determined by ClearPoint. Additional work, conferences or supplemental opinions may attract additional fees.
20. Withdrawal
The instructing party may withdraw instructions at any time. ClearPoint may terminate the instruction where payment is not received, a conflict arises, insufficient information is available or continuation becomes inappropriate.
21. Limitation of Liability
Neither ClearPoint nor the appointed specialist guarantees success in litigation, settlement or any particular legal outcome. The Opinion represents an independent professional assessment based upon the information available at the time.
22. Intellectual Property
Copyright in every written Opinion remains with ClearPoint or the author unless otherwise agreed. The instructing party receives a licence to use the Opinion for the purpose for which it was commissioned.
23. Data Protection
Information shall be processed in accordance with applicable data protection legislation and ClearPoint’s Privacy Policy.
24. Publication
Opinions are private documents. ClearPoint shall not publish any Opinion without the express written consent of the instructing party, save where publication is required by law or anonymised statistical information is used for research or service improvement.
25. Amendment of the Rules
ClearPoint may amend these Rules from time to time. The version in force on the date instructions are accepted shall govern the Evaluation.
26. Interpretation
These Rules shall be interpreted consistently with the objective of providing an independent, professional and efficient Housing Merits Evaluation service. End of Rules.
Independent professional opinion, provided on agreed instructions.
Speak to ClearPoint
