Dispute Drafting

Question 1

Defense and Counterclaim (what 5 things to include)

Answer 1

1) Names of parties

2) Defence

3) Counterclaim

4) Prayer

5) Statement of Truth

All points are numbered and subpoints are lettered

Question 2

What appears under the defense heading?

Answer 2

In the order of the particulars of claim and referencing paragraph numbers

Third party: As to paragraph (number) the Defendant makes no admissions, the Defendant admits, the Defendant denies

1) Admissions (if long list can group)

2) Denials (provide own version)

3) Non-admissions (in relation to loss not admitted as no knowledge of this but provide alternate story if there is one, can also claim remoteness if loss was sustained it is the Defendant’s case that such loss is too remote)

4) Conclude: It is therefore denied that the Claimant is entitled to the relief claimed in paragraph number or any relief.

Question 3

What 5 statements go under the counterclaim heading?

Answer 3

1) The Defendant repeats paragraphs 1-number of the Defense

2) Owing to the above matters, the Defendant has suffered loss and damage

3) If loss and damages: PARTICULARS OF LOSS AND DAMAGE and In lettered list a balance sheet. If just outstanding sum continue with numbered list and describe

4) The Defendant therefore counterclaims from the Claimants damages in respect of the above

5) The Defendant claims interest under s.35A High Courts Act 1981/s.69 County Courts Act 1984

either:
at such rate and for such period as the court thinks fit
Or
At a sum of (specified sum claimed) at a rate of (percent) per year from (date) to (date) (number of days) amounting to (interest sum owed) and continuing at the rate of (daily rate) per day until judgement or earlier payment

Question 4

What appears in the prayer

Answer 4

AND THE DEFENDANT COUNTERCLAIMS

(1) Damages as stated in paragraph number above
(2) Interest as stated in paragraph number above

Question 5

What months have 30 days?

Answer 5

September, November, April and June

Question 6

Reply and Defense to Counterclaim (what 4 things are included?)

Answer 6

1) Parties names

2) Reply

3) Defense to Counterclaim

4) Statement of Truth

Numbered list with letter for sub-headings

Question 7

How is the reply structured?

Answer 7

1) Admit

2) Deny

3) Not Admit

4) Except where the Defendant has made admissions and except as appears in the statement of case, the Claimants join issue with the Defendant upon his Defence

Question 8

What is included in the Defense to counterclaim heading?

Answer 8

1) The Claimants repeat paragraphs 1-number above.

2) Admit

2) Deny

3) Not Admit

4) In the circumstances, the Claimant denies that the Defendant is entitled to any damages whatsoever.

Question 9

What is included in a particulars of claim for breach of contract? (6 things)

Answer 9

1) Parties Names

2) Particulars of Clajm

3) Particulars of Breach

4) Particulars of Damage and Loss

5) Prayer

6) Statement of Truth

Question 10

What is included in the Particulars of Claim Heading? (contract: 5)

Answer 10

1) Status of Parties: At all material times, the Claimant was and the Defendant was

2) Relevant chronological story (to prove knowledge of facts and rebut remoteness)

3) Relevant details of contract itself (express terms and implied terms relied on)

4) Relevant chronological story of performance of contract (In purported performance of the Contract)

5) Allege breach (in breach of implied/express term of the contract the Defendant did not)

Question 11

What is included in Particulars of breach?

Answer 11

1) In lettered list the evidential facts proving the breaches (why it wasn’t of satisfactory quality)

2) Back to numbered list: As a consequence of the breach,

3) By reason of the breaches of the Contract the Claimant has suffered damage and loss

Question 12

What is included in particulars of loss and breach?

Answer 12

1) Balance sheet

2) Interest claim

Question 13

What is included in a particulars of claim (Negligence) (6 things)

Answer 13

1) Parties names

2) Particulars of Claim

3) Particulars of Negligence

4) Particulars of Loss and Damage

5) Prayer

6) Statement of Truth

Question 14

What is included in particulars of claim heading (negligence)

Answer 14

1) Confirm status of parties: At all material times, the Claimant owned the property

2) Chronological facts proving that a duty of care was owed

3) Chronological facts stating that Defendant breached that duty and the consquence (In breach of that duty and owing to the negligence of the Defendant)

Question 15

Particulars of Negligence Heading

Answer 15

1) The Defendant did (action) negligently in that he:

2) Lettered list of what was done negligently (concise)

3) Owing to the defendant’s negligence, the Claimants have suffered loss and damage.

Question 16

What is included in a request for further information

Answer 16

1) Parties

2) This Request is made on (date) and the Defendant expects a response to it no later than (date)

3) Numbered list and subheadings in letters: Refer to specific paragraphs in particulars of claim and what you want to know

Question 17

What is disclosed in Part 1?

Answer 17

Documents that you do not object to being inspected:

Identify the document and date it was created and if needed where it is held (no need to explain why it is being disclosed)

Question 18

What is listed in Part 2 Disclosure?

Answer 18

Litigation or Legal Privilege including what has not been waived

Vague about document details but specific about exception of non-disclosure (and so it is protected by legal professional advice privilege)

Question 19

Statement of Value in a Claim Form

Answer 19

Ignore: interest, costs, contributory negligence and counterclaims

Specified: exact sum and intrest

Unspecified:

County: I expect to recover (tracks), if personal injury also my claim includes a claim for personal injury and the amount I expect to recover as damages for pain and suffering and loss of amenity is more than 5,000

High: I except to recover more than 100,000/50,000

Question 20

How is a witness statement structured? (7 things)

Answer 20

First person and signed by witness

Numbered list

1) NOT NUMBERED: I (full name) of (address) state as follows

2) I am (NAME OF OCCUPATION IF NONE DESCRIPTION) I am duly authorized to make this statement on behalf of (NAME) or I am the claimant/defendant in this claim

3) I make this witness statement in support of (claimant/defendant name)/my application for (what is it)

3) The statement has been prepared (explain what method)

4) The facts and matters set out in this statement are within my knowledge unless otherwise stated and I believe them to be true. Where I refer to information provided by others, the source of this information is identified. Facts and matters derived from other sourced are true to the best of my knowledge and belief.

5) Facts in chronological order

6) Statement of Truth

Question 21

Part 36 Offer Letter How to structure

Answer 21

Like standard letter but these:

1) Without prejudice save as to costs
Party v Party Part 36 Offer to Settle

2) Introductory statement

3) Terms of Offer

4) Failure to Accept Offer

5) Concluding Statement: If you consider this offer is in anyway defective or non-complaint with Part 36, please let us know by return.

Question 22

Introductory Statement: Part 36 Claimants Offer (4)

Answer 22

1) Our client is confident that it has a strong case against you and is entitled to substantial damages as set out in (where)

2) Nevertheless, our client is mindful that under the Civil Procedure Rules litigants are expected to resolve our disputes whenever possible

3) We are therefore authorized to make your client the following offer to settle under Part 36 (the Offer)

4) The Offer is made pursuant to Part 36 of the Civil Procedure Rules and it is intended to be a claimant’s Part 36 Offer. Accordingly if your client accepts this Offer within (Number of days at least 21) (the Relevant Period) your client will be liable for our client’s costs, in accordance with the Civil Procedure Rules.

Question 23

Introductory Statement Part 36 Defendant (3)

Answer 23

1) Although your client’s claim has serious deficiencies, our client is mindful that under the Civil Procedure Rules litigants are expected to resolve our disputes whenever possible

2) We are therefore authorized to make your client the following offer to settle under Part 36 (the Offer)

3) The Offer is made pursuant to Part 36 of the Civil Procedure Rules and it is intended to be a claimant’s Part 36 Offer. Accordingly if your client accepts this Offer within (Number of days at least 21) (the Relevant Period) your client will be liable for our client’s costs, in accordance with the Civil Procedure Rules.

Question 24

Terms of Offer (part 36) (3 if D, 4 if C)

Answer 24

Our client is willing to settle (which part) including any actual or proposed counterclaims, in the matter referred to above on the following terms:

In bullet points:

1) Claimant: Your client to pay our client within (number) days of accepting this offer, the sum of (sum) (the Settlement Sum) by (means of payment)

Defendant: Our client to pay your client within (specify number mo more than 14) days in full and final settlement of the entire proceedings/specific claim

2) The Offer does/does not take account of any counterclaims that your client may have against ours in this matter.

3) The settlement sum does not take into account costs and as mentioned, your client will be liable to pay our client’s costs, up to the date of service of notice of acceptance if this Offer is accepted within the relevant period.

4) ONLY IF CLAIMANT: The settlement sum is inclusive of interest until the relevant period has expired. (Place here if know what it is)

Question 25

Letter Before Claim Structure (8 things)

Answer 25

Standard letter format: reminiscent of particulars of claim in relation to info

1) Letter Before Claim
Party v Party
One sentence claim description

2) Introduction: We are instructed by (client) of (address). This is a Letter Before Claim in accordance with the Practice Direction- Pre-Action Protocol in the Civil Procedure Rules (the Practice Direction). We are instructed to recover damages for (what?)

3) Factual Background

4) (Client’s) Claim against you (split into two sub-headings legal basis and factual basis)

5) Consequences of Breach

6) Remedy Required

7) Documents enclosed and requested

8) Acknowledgement and response

Please acknowledge receipt of this letter no later than (date).

Please provide a substantive repose no later than (date). In that response you should state whether you accept the claim. If you do please contact us immediately to discuss payment of (Client) compensation. If not you must set out detailed reasons why and any kind of documents you intend to rely on in your defense.

If you do not respond substantively by (date) we are instructed to commence legal proceedings without further reference to you. Client reserves the right to bring this letter to the judge’s attention on the question of costs

You should also be aware that pursuant to Practice Direction, a court may impose sanctions including in relation to costs and interests for non-compliance with letter contents. We suggest you consult a solicitor before responding to this letter.