Legal Drafting Flashcards
Property contract
Title
Standard conditions
Date
Seller and buyer address
Property (free/lease)
Title numer
Specific incumbrances
Completion date
Contract rate
Purchase price, balance lef after deposit
Warning (legal document)
Signature
general Meeting Notice
Heading : name of company, company number, title
Opening : NOTICE. Date and time. OR or SR
Ending:
by order of the board,
Chairman
Address
Date
NOTE: entitled to proxy
Short notice for general meeting
Heading: name of company, company number, title
We, the undersigned, being all members and together holding not less than 90/95% in nominal value of shares giving the right to attend a dn vote at the general meetings, to be held at TIME on DATE at ADDRESS, agree that the meeting shall be deemed to have been duly called and the resolutions set out in the notice convening the meeting may be proposed and passed notwithstanding that shorter notice that specified in the Companies Act 206 or in the Company’s articles of association.
Date
Signatures of all members
Written resolution
Heading (company number, companies act 2006, type of company, written resolutions of name of company)
Text: chapter 2 of Part 13 of CA 2006, directors of company purpose that following resolution to be passed as OR/SR
List resolutions
Disclaimer
Ending : we, the undersigned, were at the time of the reoslutions were circulated entitled to vote on the resolutions and irrevocably agree to the reoslutions.
Explanations notes (once signed, may NOT revoke, do not need to do anything if do not agree, lapse by DATE)
Minutes of Board Meeting
Heading
Preliminary : the chairman noted that the meeting has even duly convened, reported that a quorum was present.
Headings and outline of what happened
Close : there being no further business, the meeting then closed
Signature of chairman
Minutes of a general meeting
Heading
Notice and quorum
Headings for the points of discussion
Close
Signature of chairman
Particulars of claim - CIVIL
Headings (court top LEFT, reference RIGHT. C and D in middle.
Opening : numbered para. Briefly outline facts, what happened, duty, how it was breached
POC: BECAUSE of the D negligence, the claimant suffered…
Particulars of loss and damage : itemise each item of loss and its cost, with a total.
Claim INTEREST
Claimant claims:
Signed and dated by solicitor
Signed statement of truth by claimant
Particulars of claim - Contract breach
Heading
Reference
Opening: outline facts, attach outline of agreement, specifics of what was said . Say what breach is
Particualrs of breach : itemise loss and costs
Claimants claim: damages under para X above…
Signed by solicitor and dated
Signed by statement of truth by claimant
Defence and counterclaim
Headings
DEFENCE, heading
State para numbers from POC, and each state which are denied, admitted, or not admitted, with details of expiry of nay relevant limitation period
Counterclaim: because of “above matters, D suffered loss and damage”
Defendnat claims damages as stated in para X, claims interest as stated in para X
Signed and dated by solicitor
Statement of truth by D
Reply and defence to counterclaim
Headings
Reply: admit/deny ,non admission to numbered para to defendants counterclaim
Give alternative to D outlining events
Defence to counterclaim: claimant repeats the para above: per para X, that while D admits as to the D damages, the claimant denies the reasons for such ETC>
Signed, statement
Part 18 request for further information
Heading
Opening: say when request is made, when response is expected. Use paras to make reference to POC. Set out which information needs clarification
Sign off - name of firm, address of firm
Witness statement
Details : party on behalf of statement. Name of witness.
Personal information: name, address, occupation, capacity making statement
Statement: divide into paras, each addressing one topic. First PERSON. NO expert evidence, on own knowledge
Statement of truth signed by WITNESS
Claim form
Heading with title of proceedings, court, full name
Details of court, solicitor fee, date of issue
Details of parties
Brief details of the nature of claim and remedy sought
Statement of VALUE
Defendants name and service address
Financial summary
Human rights issues raised
POC
Statement of truth
Pre-action directions questionnaire
Settlement, ADR tried
Court preference?
Pre-action protocols - if complied?
Case management information
Experts?
Witnesses?
Trial length?
Cost budget?
Other information that may assist the judge?
Directions: attempt to agree directions?
Expert report
Addressed to court
Qualifications and literature relied on
Facts and instructions relied on
Lay out general nature of case, facts
layout AGREED issues
Layout issues in DISPUTE, in a series of QUESTIONS
Raise questions of causation and remoteness
Layout propositions of law relied on
Layout evidence needed to deal with disputed evidence
Appealing bail
Case details
Alleged offence
Magistrates: court bail decision, brief details of magistrates court decision that you want changed and why they refused
Reasons for application
PROPOSED conditions of bail
Signed and dated by solicitor
Criminal defence statement
Case details
Plea
Nature of the defence (set out nature intend to rely on, indicate matters of fact you intend to take up)
If includes alibi, give name, address, DoB etc
Signed and dated by solicitor
Application to include hearsay evidence
What is the herrsay evidence
Facts on which you rely, and how you will prove them. - prove that the evidence is admissible
Reasons why hearsay is admissible- CJA
Include any facts that you rely on (if witness is in fear of testifying)
Sign a nd date
Application to exclude hearsay evidence
Facts in dispute
Reasons for objection - explain why evidence is not admissible by reference to the CJA
Factors for objections
Date and signed by solicitor
Application to exclude bad character evidence
Show that prior offences are spent
Does NOT show propensity (different offence, dishonesty offences, spent, more prejudicial than probative)
Signed and dated by solicitor
Appealing conviction
Introduce the parties and outcome of the tail
Summary of facts
Summary of grounds - grounds that will be that the conviction is unsafe.
Go onto each ground, and EXPLAIN why it makes the conviction unsafe
Conclude
Codicils
Title - Codicil
I am XXX, profession, address
This is my first codicil to my will dated xxx
I make the following amendments to my will, i replace clause X with the following:
I confirm the rest of my wll
Date
Execution ( testator, joint presence, 2 witnesses)
Affaddavit of due execution
Title : solicitor, address, DX, reference,
In the estate of xx
I, name, address, make oath and say as follows
Paras:
I am one of the two subscribing witnesses to the will of testator of (address). The other subscribing witness to the will is xxx. The will is dated xxx. The will is now produced to me and is marked MN1
The testator executed the will on xxx by signing his name as that name now appears on the will in teh presence of me and (witness 2), with both of us present at the same time. Ar the testator has signed the will, we each attested and signed the will in the presence of the testator
Ending:
Sworn by the above named dependent, signature at name of solicitors firm for oaths, this date, before name of signature.
Deed of variation
S 142
Title
This deed of variation is made (date)
Between:
Name of address of ORIGINAL beneficiary, and name and address of NEW
Supplement clause:
Supplemental to the will dated xxxx of testator , address, who died on xx.
Whereas, under clause x of the will the original beneficiary was given xxx
The original beneficiary wishes to vary to disposition effect by the will in relation to the legacy in the following manner.
Now this deed irrevocably witnesses as follows:
By way of variation of the disposition made by the will the original beneficiary declares that the will shall have effect as if the following clause appeared in place of clause X:
The provisions of inheritance Ac 1984, s 142(1) and of the taxation of chargeable gains act 1992 s 62 (6) shall apply
Execution: signed as a deed, in the presence of xxx
Will (basic)
This is the last will and testament of me, name, address, wich i made on xxx.
Revocation
Funeral wishes, body wshes
Appointment of executors
Gifts (non -residuary)
Burden of tax and charges?
Residuary
Survivorship clause “i give XX to my son if he survives by 28 days, but if not, to my sister”
Administrative provisions
Ultimate gift
Charging clause
Execution
Attestation clause
Written statement at police station
I have been arrested on suspicion of xxxxx at xxxtimex. It is alleged that i xxxxx.
Facts, chronologically.
Following arrest : what happened. Details are key
I did not commit this crime
Signed
Date
Standard disclosure N265
I have no control of the documents numbered and listed here. I do not object to you inspecting them or producing copies : LIST the documents that fall here
OR
I object to you inspecting these documents : LIST
OR
I have had the documents numbered and listed below, but they are no longer in my control : LIST
Shareholders agreement
This deed is dated [date]
Parties
Recitals
Interpretation (definitions)
Shareholders obligations
Transfer of shares
Issue of further shares
Restrictions of the parties
Directors
Termination
Status of this agreement
Confidentiality
Severence
Board minutes
Minutes of a meeting of the board…
PRESENT
Notice and quorum
Business of the meeting
Resignation?
Registration?
Sale?
Filing?
It was RESOLVED that:
CLOSE:
There was no further business and the chairperson declared the meeting closed
Client care letter
Heading (matter description)
Thank you for instructing me to deal with this matter, say what the letter is- explanation of the basis on which you are acting for them
Say they can contact you for reasonable adjustments contact details for yourself and supervisors.
Summarise facts of meeting/call
Explain agreed work and next steps : what will you do, what will cient do, include dates for next steps, emphasise that work will e cared out in a competent and timely manner
Confirm what is and what ISNT included
Break down costs:
Costs per hour, VAT, hours expected, date for REVIEW of costs.
Include details of disbursement costs
Identify any limit on costs
Action required from the client
Information on complaints procedure
Complaints procedure sentence
(right to complain, how they are made and to whom)
You have the right to make a formal complaint using the forms complaint procedure, if you are not satisfied with the service you have been provided with.
If the complaint has not bee resolved to your satisfaction within 8 weeks, you have a right to complain to the Legal Ombudsman, which you will receive more information if this occurs.
