SQE2 Drafting Flashcards
Strucuture of a letter of claim
Preamble:
We represent the claimant … in accordance with PR pre-action conduct and protocols /specfic protocol)
Summary of facts
Legal and factural basis of the claim
Compensation sought
Settlement: our client is mindful of the need to follow the overriding objective and has instructed us to set up a without prejudice meetign to discuss the claim
Service:
Please acknowledge the receipt of this letter immediately and provide a full response within [ day]
Structure of Particular of claim
Particular of claim
[Parties… at all material times]
[Terms, breaches]
Particulars of breach
Particular of loss and damage
[details of loss and damages]
[s69 of county court Act 1984 and s35A of Senior Courts Act 1981]
[compliance with Pre-action, ADR, pre-action notice]
Prayer
[AND THE CLAIMANT CLAIMS:
- DMG of
- Interest pursuant to
3 Cost [to be assessed]
Statement of Truth
[I believe] [The claimant]
[I am duly authorised by the claimant to sign this statement]
Wording in a defence to admit a part of the claim
Paragraph X is admitted
Wording in a defence for non-admission
Paragraph X is not admitted, or are neither admitted or denied and the claimant is put to strict proof thereof
Wording in a dference for denial
Paragraph X are denied. [begin positve case] with it is averred that… it is the defendant’s case that…
Structure of a tomlin order
It must begin with the wording of TOMLIN ORDER
Upon the application of the party by application notice dated/or upon the trial of this claim
And the Parties having agreed to the terms set out in the attached schedule
BY CONSENT IT IS ORDERED that
- all further proceedings in this claim be stayed except for the purpose of carrying the terms of the agreement into effect
- AND for that purpose the Parties have permission to apply without the need to issue fresh proceedings
- The costs of the Claimant and Defendant be subject to detailed assessment if not agreed
- This Order shall be served by the serving party on the party to be served
