BPP University College Of Professional Studies Limited (BPP)
Notes on Civil Litigation Drafting for the LPC at BPP University.
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BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Civil Litigation
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On the left column, you will find the general structure and the rules of what you need to add to your drafting and on the right column, you will find
an example drafting.
5A PD Sets out the prescribed format for all documents prepared for filing at court.
PARTICULARS OF CLAIM - DRAFTING
STRUCTURE EXAMPLE
IN THE [WHICH COURT] [INSERT CASE NUNBER] IN THE HIGH COURT OF JUSTICE 2022-HC-3334
[WHICH DIVISION IF APPLICABLE] QUEEN’S BENCH DIVISION
If commenced in the High Court:
IN THE HIGH COURT OF JUSTICE [YEAR-HC-XXXX]
[NAME OF DIVISION] DIVISION
If commenced in the County Court:
IN THE COUNTY COURT MONEY CLAIMS CENTRE [XXXXXXXX]
BETWEEN BETWEEN
[NAME OF CLAIMANT(S)] AMY FOWLER
Claimant(s) Claimant
and and
[NAME OF DEFENDANT(S)] PETS LTD
Defendant(s) Defendant
7A PD 4.1 Sets out the prescribed form for headings for all Statements
of Case.
_________________________________________________________ _________________________________________________________
PARTICULARS OF CLAIM PARTICULARS OF CLAIM
_________________________________________________________ _________________________________________________________
[These are called tramlines]
1. At all material times, the Claimant was [set out Claimant’s 1. At all material times, the Claimant was a businesswoman and
role/profession or business] and the Defendant was [set out the Defendant was a manufacturer of cat furniture.
Defendant’s role/profession or business]. 2. By a contract dated 10 September 2022, the Defendant agreed
2. By a contract dated [date], the Claimant agreed to buy X to deliver 10,000 Cat Beds (the ‘Goods’) by 25 October 2022 to
computer screens (the ‘Goods’) from the Defendant. A copy of the Claimant. A copy of the contract is attached to these
the contract is attached to these Particulars of Claim. Particulars of Claim.
3. It was an express term of the contract under Clause 3 that the
If goods were delivered as per the contract: Goods would be delivered on time, by 5 pm on 25 October
3. The Defendant delivered the Goods to the Claimant in 2022.
accordance with the terms of the contract. 4. In breach of Clause 3 of the Contract, the Defendant delivered
the Goods to the Defendant on 30 October 2022.
If an express term was breached – goods were delivered late: 5. The product launch took place on 1 November 2022, and as the
4. It was an express term of the contract under Clause 3 that the Goods were delivered on 30 October 2022, the Claimant was
Goods would be delivered on time, by [time and date]. not able to transport all of the Goods to the launch on time.
6. Due to the breach of the express term referred to in paragraph
If implied terms were breached: 3 above, the Claimant has suffered loss of sales of £200,000 and
5. It was an implied term of the contract that the Goods would be damage to its reputation.
of satisfactory quality. – mention this if the implied term that
the Goods were of satisfactory quality has been breached.
6. In breach of the implied term referred to in paragraph 5 above,
the Goods were not of satisfactory quality [setting out details
as per instructions].
7. In breach of the [implied or express] term referred to in
paragraph 5 above, the Claimant has suffered loss and damage
[setting out details as per instructions].
In debt claims: the Claimant has suffered loss
In other claims: the Claimant has suffered loss and damage
8. The Claimant also claims interest pursuant to [clause A of the 7. The Claimant claims interest on the damages referred to in
contract] [or] [section 35A Senior Courts Act 1981 (HC)] [or] paragraph 6 above pursuant to section 35A Senior Courts Act
[section 69 County Courts Act 1984] from the due date of the 1981 at such rate and for such period as the court thinks fit.
invoice to today’s date at the rate of 8% per annum in the total
sum of £X [or] at such rate and for such period as the court
thinks fit.
PARTICULARS OF INTEREST PARTICULARS OF INTEREST
8% of £[amount claimed] for the period A to B inclusive (C days at the AND THE CLAIMANT CLAIMS:
daily rate of £Y) = £X. (i) the said sum of £200,000;
(ii) Interest as referred to in paragraph 7 above
AND THE CLAIMANT CLAIMS:
(i) the said sum of £X;
(ii) interest under paragraph 7 to today’s date in the sum of £X; and
(iii) further interest under paragraph 8 at a daily rate of £X until
judgment or earlier payment.
Civil Litigation – Drafting guide | Page 1 of 8
, 5A PD 2.1 LAW SOLICITORS LLP
[LAW FIRM OR BARRISTER
WHO DRAFTED THE DOC]
CPR 22 Statement of Truth Statement of Truth
[This cannot be the first item on the page to ensure it is not signed
separately from the document]
If the Claimant is an individual:
I believe that the facts stated in this Particulars of Claim are true. I I believe that the facts stated in this Particulars of Claim are true. I
understand that proceedings for contempt of court may be brought understand that proceedings for contempt of court may be brought
against anyone who makes, or causes to be made, a false statement in against anyone who makes, or causes to be made, a false statement in
a document verified by a statement of truth without an honest belief in a document verified by a statement of truth without an honest belief in
its truth. its truth.
Signed: [signature] Signed: Amy Fowler
Date: [date when signed] Date: 16th November 2022
Solicitors for the Claimant Solicitors for the Claimant
If the Claimant is a company:
The Claimant believes that the facts stated in this Particulars of Claim
are true. I understand that proceedings for contempt of court may be
brought against anyone who makes, or causes to be made, a false
statement in a document verified by a statement of truth without an
honest belief in its truth. I am duly authorized by the Claimant to sign
this statement.
Signed: [signature] – [job role] of the Claimant
Date: [date when signed]
Served this 17th day of November 2022 by Law Solicitors LLP, Penny
Always add: House, 1 Howard Road, London, N23 8BK
Served this [date] by [law firm that served the doc], [address of law
firm]
Civil Litigation – Drafting guide | Page 2 of 8
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