This document contains all the possible types of drafting questions and provides the right structure for each type. It also contains answers for my drafting samples during my bar course, and the feedback is provided. I managed to score an 82 for my drafting by using this alone.
When is the exam?
◼ The core law for the assessment will be released on Friday 6 th January 2023
o The core law will be released to students and there will be a list of the legal
areas that will be featured in the assessments
o Research and make notes on the legal areas and make a list of the essential
ingredients of the cause(s) of action
◼ The assessment will take place on the 23rd January 2023
o This will be an on-line proctored assessment of 3.5 hours duration
What will you bring in for the exam?
You may access and use certain materials during the assessment, as provided by Assessment
Regulation 4.16 and 4.17 (See page 132 of the BVS Programme Handbook on BVS Central).
This includes:
◼ A softcopy of the Drafting Manual
◼ The White Book in paper form
◼ Any personal written or type-written work undertaken, or any photo-copies or
printouts made, in preparation for any part of the Programme, including
assessments
◼ Any personal written or type-written research notes
◼ English language and English language/foreign language dictionaries
◼ Hard-copies of the following: a file of precedents ; extracts from textbooks ;
handwritten notes which you have assembled from your own class notes and
personal study time specifically for the Drafting assessment
◼ You may also use pencils and papers during the assessment
What will you be looking at?
You will be looking at
1) Claim form
2) Particulars of claim
3) Defences
4) Defences and counterclaims
5) Additional claims
6) Witness statements
7) Orders
8) Requests for further information
Summarises the statement of case under CPR, r2.3(1) – and which document is served by
who?
Statement of case Served by
Claim form Claimant
Particulars of claim Claimant
,Defence Defendant
Defence and counterclaim Defendant
Reply Claimant
Defence to counterclaim Claimant
Additional claim under Part 20 Party making the additional claim
Defence to additional claim (under Part 20) Party defending the additional claim
Further information provided under CPR Part 18 Any party
Therefore, you will be looking at how to integrate knowledge of evidence and of
procedural rules into your drafting skills.
What is the reading list?
◼ City Law School, Drafting Manual (20th ed, OUP, 2020)
◼ Roger Eastman, Pleadings Without Tears (9th ed, OUP, 2017)
◼ Atkin’s Court Forms (LexisNexis)
◼ Bullen & Leake & Jacob’s Precedents of Pleadings (19th ed, Sweet & Maxwell, 2019)
◼ The White Book Service 2021 (Sweet & Maxwell 2021)
◼ Blackstone’s Civil Practice 2021 (OUP, 2021)
◼ Clerk & Lindsell on Torts
◼ Charlesworth and Percy on Negligence
◼ Chitty on Contracts (33rd edition)
o Familiarise yourself with the way in which the textbook is divided up (e.g.
chitty has one volume on the general principles and a second on specific
contracts)
◼ McGregor on Damages (21st edition)
GENERAL ADVICE
◼ Look for leading cases and the principles which they establish and not cases which
happen to have some similar facts
◼ Unless the facts are identical (Which they never are), cases which turn on their own
facts are not of much assistance; you will need to apply principles to those facts
◼ Be thorough – for example, if an authority is important enough to form the basis of
your advice, please read it
◼ It is often much easier to understand the case from the judgments rather than
somebody else’s interpretation of the case
ASSESSMENT CRITERIA
How will you be marked?
You will be marked based on the assessment criteria.
The minimum qualifying mark for the assessment is 60%.
1. ACHIEVE OVERALL OBJECTIVES (10%)
,◼ Going as far as reasonable to achieve the client’s objectives
◼ Setting out a sustainable/effective/persuasive statement of case
◼ Taking into account the client’s circumstances, needs, objectives, priorities and any
constraints
2. QUALITY OF WRITING (20%)
◼ Good English
◼ Well-written
◼ Spelling
◼ Grammar
◼ Punctuation
◼ Appropriate style
◼ Concise/precise
◼ Cogent
◼ Unambiguous
◼ No appropriate use of precedents
◼ Plain language
o In the past, pleadings tended to contain phrases such as ‘the said’ , ‘by reason
of the matters aforesaid, ‘ inter alia ‘ , ‘save as hereinafter set out’ , ‘ without
prejudice to the generality of the foregoing ‘
o Such phrases were entirely accurate and comprehensible to lawyers but
often used unnecessarily
3. STRUCTURE / LAYOUT (20%)
◼ Properly headed
◼ Neatly laid out
◼ Follows logical order
◼ Appropriate use of paragraphs and sub-paragraphs
◼ Deals with issues in appropriate place
4. FORMALITIES / PROCEDURE (10%)
◼ Complies with procedural requirements
◼ Appropriate court
◼ Statement of truth
◼ Pleads interest on correct basis
5. CONTENT (40%)
◼ Based on sound understanding and application of the relevant law and identify the
relevant legal principles
◼ Pleads all material facts and set out all of the material facts background facts which
shows a breach of duty and negligence
◼ Omits immaterial matters
◼ Show the strength of your client’s case
◼ Evaluate the key issues and risks
◼ Identify inconsistencies, ambiguities and gap in information
◼ Accurately states the case
, ◼ Seeks appropriate relief and remedies by effectively exercise appropriate numeracy
skills and critically analyse financial and other statistical information
◼ Tells a clear story
◼ No inappropriate pleading of evidence and/or law (Omits evidence)
◼ Is consistent with professional standards of the code of conduct
◼ Uses correct figures
Fatal law: A student will fail a skills assessment if it is found that they have committed a
“fatal law” even if they have otherwise gained sufficient marks in order to pass. A fatal
law could be, but is not limited to:
◼ A significant and grave error of law or procedure
◼ An error in legal or case analysis that is so clearly incorrect that it would put the
interests of the client(s) at risk
◼ An error in legal or case analysis that is so clearly incorrect that it would put the
barrister at risk of liability for negligence or a disciplinary finding
What are the terms and conditions for the exam?
- The assessment takes the form of a written assessment under examination
conditions
- The duration is 3.5 hours long
- You will be given information on the areas of law relevant to the assessment a few
days in advance of the exam → this is to allow you to do any legal research
- This is an open-book examination → therefore, you will be able to bring a wide
range of materials with you to the assessment including your research notes into the
background law
- You will see the papers for the first time in the examination hall
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