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INTRODUCTION TO LEGAL DRAFTING
LEGAL DRAFTING
SKILLS
BRIEF OVERVIEW OF
LEGAL DRAFTING PRINCIPLES OF EFFECTIVE LEGAL WRITING
WHAT IS EXPECTED OF ✓ Short sentences for complex thoughts. Break
GENERAL PRINCIPLES down your thoughts into several smaller
YOU?
It is crucial to know the following sentences.
❖ Writing is a major part of when drafting a legal document:-
the work of a barrister. You ✓ Use active voice verbs.
must therefore be able to ❖ what purpose the legal
write in good, clear, well- document will serve. ✓ Be consistent. Be well organised.
written English.
❖ what the legal document ✓ Get rid of unnecessary superfluous
WHY IS A GOOD DRAFTING needs to convey to adjectives and adverbs that do not carry
SKILLS IMPORTANT? meaning and can’t affect the outcome of the
another party.
case.
❖ Barristers whose opinions
❖ whose benefit is the ✓ Do not overuse legal jargons. Remember
are poorly written reflect
poorly on themselves. document serving. your main goal is to make sure all parties to
the case understand what the document is
“the test of good writing is ❖ what not to include in the trying to convey.
whether you can convey to document.
your readers exactly what you ✓ Avoid abstract language and ambiguity.
intend to convey” – The ❖ always follow the principle
Complete Plain Words (Sir of a good writing ✓ Try to put punctuation marks correctly.
Ernest Gowers)
✓ Stick to chronological order of the facts.
1
,INTRODUCTION TO LEGAL DRAFTING
Legal documents comes in different forms and
What are the difference between
writing and drafting? serve different purposes.
EXAMPLE OF LEGAL DOCUMENTS:-
WRITING DRAFTING
Writing is a means of Drafting is the creation
communicating of formal legal
information or advice. documents.
STATEMENT OF CASE
WITNESS
S.O.C sets out client’s
STATEMENT
case and need to
encompass all legal and Sets out witness
factual elements evidence that your
required for a successful client will rely on.
claim or defence.
Refer Practice Direction 5A
and 7A – Civil Procedural
Rules (CPR)
2
, STATEMENT OF CASE ***BTC Exam***
Mainly focus on
drafting of Particular
STATEMENT OF CASE of Claim and Defence.
The following items should be considered when drafting a statement of case (also called a pleading).
WHAT IS A STATEMENT OF CASE (S.O.C)? PARTICULARS OF CLAIM (P.O.C).
Statement of case are documents which contained the The Particulars of Claims are contained in either:
alleged factual basis on which the claimant or defendant ❖ the Claim Form, or
relies to make or defend a legal claim. ❖ a separate, free-standing document, entitled
The Civil Procedural Rules (CPR 2.3(1)) defines S.O.C P.O.C.
as:
1. a Claim Form & Particular of Claim WHAT IS THE PURPOSE OF A PARTICULARS OF
2. Defence CLAIM?
3. Reply to Defence
4. Counterclaim, and ❖ P.O.C is amongst the most important document
5. Defence to counterclaim. for claimant in litigation, because it says what the
dispute is all about, and
A witness statement is not a S.O.C. It contains evidence of ❖ It informs the defendant of the case they have to
facts alleged in S.O.C. Witness statements are the way that defend.
parties put evidence before a court to prove the allegation of ❖ All other court documents follow from the P.O.C.
fact made in a S.O.C. 1
❖ It defines what is relevant to what the defendant
must address in the Defence.
, STATEMENT OF CASE
*CONTENT OF PARTICULARS OF CLAIM*
PARTICULARS OF 1. The name of the claimant
CLAIM 2. Name of defendant and nature of relation between
parties
CPR 16.4
3. Number of small claim if you send particulars of
1. Particulars of claim must include:- claim separately
(a) a concise statement of the facts on which the claimant relies;
(b) if the claimant is seeking interest, a statement to that effect and the
4. What happened:-
details set out in paragraph (2);
(c) if the claimant is seeking aggravated damages, or exemplary • each statement put into paragraph
damages, a statement to that effect and his grounds for claiming • use chronology of your dispute
them; • give explanation of relationship between
(d) if the claimant is seeking provisional damages, a statement to that claimant and defendant, for example,
effect and his grounds for claiming them; and existence of an agreement, contract etc.
(e) such other matters as may be set out in a practice direction. • explain what legislation is involved and why
(for example Sales of Goods Act 1957 etc.)
• state why you reply on the provision of this
2. If the claimant is seeking interest he must:-
legislation.
(a) State whether he is doing so –
(i) under the term of a contract;
(ii) under an enactment and if so which; or 5. Describe briefly what problem is. What paragraph of
(iii) on some other basis and if so what basis is; and agreement or legislation was breached.
6. Give explanation how this affects you and what is
(b) if the claim is for a specified amount of money, state – your losses if take a place.
(i) the percentage rate at which interest is claimed; 7. What remedies you are seeking by starting the
(ii) the date from which it is claimed; claim.
(iii) the date to which it is calculated, which must not be later than 8. Particulars of claim must be verified by a statement
the date on which the claim form is issued; of truth of claimant (Part 22 CPR).
(iv) the total amount of interest claimed to the date of calculation;
and
(v) the daily rate of which interest accrues after that date. 2
(Part 22 requires particulars of claim to be verified by a Statement of Truth).
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