Legal Drafting Documents Flashcards
What is a statements of case? (generally)
You set out facts you are relying on without legal arguments
What is included in statements of case?
- Statement of truth at the end
- Full names of each party
- Use numbered paragraphs
What is a letter of claim?
Sent to a debtor as a final warning, requesting that payment of a debt is made otherwise legal action will commence.
What must there be on a letter of claim?
- Summary of facts
- Relief claimant is seeking
- Proposal to engage in ADR
- Statement that if D does not respond, will issue court proceedings
- State that letter is written in accordance to rules set out in Practice Direction - Pre Action Protocol
- State that you are attaching the Pre Action Protocol
- List any documents attached
What is a particulars of claim?
The main statements of case
What is included in particulars of claim?
- Facts
- What is duty / breach / causation / loss
- If personal injury, must include description
What is a claim form?
The first statements of case
What is included in claim form?
Name and addresses
Concise statement outlining nature
Remedy being sought
Amount being claimed
What is a defence in response to?
A particulars of claim
What is the purpose of a defence?
To respond to every allegation made in the particulars of claim individually
What are the 3 options for allegations in a defence?
- Admit
- Deny
- Require proof
What is a counterclaim?
Same as claim form / particulars of claim
What is a reply in dispute resolution?
A final statement of case - if claimant wants to allege any facts in answer to defence that are not included in partciulars of claim
What is a draft order in dispute resolution?
Sets out the specific terms you are seeking
What is a witness statement in dispute resolution?
Written statement with every fact
In own words
Statement of truth signed
What is not admissible in witness statement?
Opinions are not admissible - only state the facts
Can a company give a witness statement?
No, only an individual
What is a defence statement (Criminal)?
A document prepared in the defendant’s own words
What should be included in bail application?
- Why bail should not be withheld
- Any legal arguments
- Any material information that has come to light since prior
- Propose the terms of suggested bail
- If D wants earlier bail hearing, ask for it and why
