CIVIL LITIGATION
DRAFTING GUIDE
2020
1
, Drafting – Particulars of Claim, Defence, Witness Statement
Particulars of Claim
1. Format – CPR 16 and 16 PD – do this first and pick up these easy marks
a. Check the name of the court in which the claim is proceeding:
i. IN THE HIGH COURT OF
JUSTICE QUEEN’S BENCH
DIVISION
ii. IN THE COUNTY
COURT MONEY
CLAIMS CENTRE
b. Check claim number
c. ‘Between’… ‘- and -’…
d. Look out for including LLP, Ltd in names + spelling of names
e. Non-LLP Partnership (a firm) = use plural of claimant / defendant
f. Check tram lines read: Particulars of Claim
g. Para 1 – At all material times the C was… and D was…
2. Typos / factual errors – matters of fact, e.g. incorrect names – they are NOT
matters of style (i.e. do not rewrite parts that are unclear etc., only
correct errors)
3. Content – DBCL ~ at least one of these will be completely missing + we will
have to draft this from scratch
a. Para 2 – Background – details of contract
Who? When? Where? What for? What was consideration?
b. Para 3 – DUTY = Contract, or contract and tort
i. Contract –
Express Term
a. Written – refer to clause and write: It was an
express term of X at clause Y that… (A copy of the
contract is attached to these particulars of claim.)
b. Oral
Implied Term (do not cite statute)
a. Goods – It was an implied term of X that the
goods would…
i. S 13 SGA – correspond with the description
ii. S 14(2) – be of satisfactory quality
iii. S 14(3) – be fit for particular purpose made
known to the seller
b. Services
i. Exercise reasonable care and skill (s 13 SGSA)
ii. If professional (i.e. lawyer, accountant,
actuary, investment firm etc.): add SoC = to be
expected of a reasonably competent X,
2
DRAFTING GUIDE
2020
1
, Drafting – Particulars of Claim, Defence, Witness Statement
Particulars of Claim
1. Format – CPR 16 and 16 PD – do this first and pick up these easy marks
a. Check the name of the court in which the claim is proceeding:
i. IN THE HIGH COURT OF
JUSTICE QUEEN’S BENCH
DIVISION
ii. IN THE COUNTY
COURT MONEY
CLAIMS CENTRE
b. Check claim number
c. ‘Between’… ‘- and -’…
d. Look out for including LLP, Ltd in names + spelling of names
e. Non-LLP Partnership (a firm) = use plural of claimant / defendant
f. Check tram lines read: Particulars of Claim
g. Para 1 – At all material times the C was… and D was…
2. Typos / factual errors – matters of fact, e.g. incorrect names – they are NOT
matters of style (i.e. do not rewrite parts that are unclear etc., only
correct errors)
3. Content – DBCL ~ at least one of these will be completely missing + we will
have to draft this from scratch
a. Para 2 – Background – details of contract
Who? When? Where? What for? What was consideration?
b. Para 3 – DUTY = Contract, or contract and tort
i. Contract –
Express Term
a. Written – refer to clause and write: It was an
express term of X at clause Y that… (A copy of the
contract is attached to these particulars of claim.)
b. Oral
Implied Term (do not cite statute)
a. Goods – It was an implied term of X that the
goods would…
i. S 13 SGA – correspond with the description
ii. S 14(2) – be of satisfactory quality
iii. S 14(3) – be fit for particular purpose made
known to the seller
b. Services
i. Exercise reasonable care and skill (s 13 SGSA)
ii. If professional (i.e. lawyer, accountant,
actuary, investment firm etc.): add SoC = to be
expected of a reasonably competent X,
2
