This course focuses on understanding and developing the skills of drafting Particulars of Claim and Defences in the context of a commercial contract dispute.
The course is designed for solicitors who wish to understand with clarity how the cause of action is integrated into the claim and how it affects the structure of the pleading. It also considers how some specific aspects of the Civil Procedure Rules (CPR) are woven into these documents.
Accordingly, the course looks at what Particulars of Claim and Defences should and should not contain and, in each case, why.
Of course, some time is also spent considering more generic effective writing skills in the context of litigation drafting.
Whilst this course is based around a contract case study, the drafting skills, that are the core of the course, are transferrable to other areas and should benefit any lawyer who is involved in or about to enter into a litigation role and who wishes to have a clear understanding of the principles and skills involved in drafting claims and defences.
It seeks to assist those who draft themselves and/or those who wish to better understand claims and defences drafted by others, so that they may more confidently react to opponents’ pleadings and explain these statements of case to their clients.
The course aims to benefit both those experienced in drafting and those without experience.
At the end of this course, you should be able to appreciate and understand:
- The importance and relevance of CPR and Practice Directions to drafting;
- What should/should not be included in Particulars of Claim and why;
- What should/should not be included in Defences and why;
- The importance of adopting a logical structure in drafting;
- The benefits and risks of using precedents; and
- The importance of using plain, professional, yet accurate English.
Live Online – 1 October 2021
The topics will include:
- Written Presentation Skills
- Particulars of Claim
No prior drafting experience is necessary, but a core understanding of the relevant procedural rules (especially CPR Part 16 and PD 16) will assist you.
There are also books about drafting available if you wish to gain a little insight into these skills before attending the course.
Please read CPR Part 16 and PD 16, if/as necessary in advance of the course.
The case study will be used throughout the course so it is important that you have read through it before attending.
You should also analyse at least two Particulars of Claim or defences to give you insight into the language, content and structure of these statements of case, why they are drafted that way and how they might be improved.
There is no post-course work for this session.
A4 Draw on a sufficient detailed knowledge and understanding of their field(s) of work and role in order to practise effectively
B1 Obtain relevant facts
B4 Draft documents which are legally effective and accurately reflect the client’s instructions
B5 Undertake effective spoken and written advocacy.