BPP University College Of Professional Studies Limited (BPP)
I completed the LPC (Legal Practice Course) at BPP University in 2017 with a 90% distinction. In addition to my "Civil Litigation Revision Notes 2017 - Distinction", these revision notes are a personalised step-by-step template of drafting a particulars of claim, defence or witness statement for th...
BPP University College Of Professional Studies Limited (BPP)
Legal Practice Course
Civil Litigation
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1) TYPOS *In exam, use “Insert Rider 1”
2) FORMAT *Focus on wrong facts/issues / omissions > changing phrasing to suit drafting style
3) CONTENT: Duty, breach, causation, loss?
[1] IN THE HIGH COURT OF JUSTICE [2] Claim number: CORRECT NUMBER?
QUEEN’S BENCH DIVISION
/ “IN THE COUNTY COURT MONEY CLAIMS CENTRE”
7A PD 4.1
*Depends on ££ claimed / complexity etc.
§ Proceedings number
§ Court/Division
BETWEEN
§ Full name of each party + if claimant/defendant
Highlight fact pattern + cross-refer
1) Definitions: Claimant, Defendant [3] PETA LLP LIMITED
2) Correct names, dates, figures, [4] Claimants
cross-references -and-
- If unsure of date = “on or about”
3) Consistent phrases XYZ & CO LLP
4) Renumber paragraphs Defendant
[5] STATEMENT OF CASE PARTICULARS OF CLAIM
1. [6] At all material times the Claimant was a company engaged in the business of
supplying Xyz [business] The Defendant was a firm of solicitors practicing as an LLP
[profession]
à Refer to parties as Claimant / Defendant, not by their name
Definitions
2. By a written contract dated 17 February 2016 (“the Contract/Retainer”), the Claimant
Defendant agreed to supply the Defendant Claimant a consignment of Xyz (“the Xyz”)
for the sum of £200,000,00 exclusive inclusive of VAT. [7] A copy of the
Contract/Retainer is attached.
à Ensure correct use of Claimant + Defendant
/ In August 2014, the Claimant identified a site in Kent (“the Land”) where it wished to
develop a hypermarket. The Land was subject to a restrictive covenant to the effect that –
insert details – (the “Restrictive Covenant”).
Background
3. In a telephone conversation on 16 February 2016, Andrea Lord (the Operations
Director of the Claimant) specifically told Robin Smith (the Sales Director of the
Defendant / “Mr Smith”) that the Xyz were to be processed by both dyeing and printing,
and were for sale on to one of the Claimant’s main clients, Gordonyard plc. This dual
dyeing and printing process is unusual in the industry.
16 PD 7.3 Written agreement
16 PD 7.4 If claim based on oral agreement, set out:
§ Where they were spoken
§ By whom
§ To Whom
§ Contractual words used
1) DUTY
Express term à Only orally agreed terms = express terms
4. It was an express term of the Contract at clause X that the Xyz would be delivered
by the Defendant to the Claimant’s premises in [location] by 23 May 2016.
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