Disputes Drafting

Question 1

What must a letter of claim include?

Answer 1

A summary of key facts (dates, parties, relationship), the legal and factual basis for the claim, compensation sought, reference to Pre-Action Protocol and willingness to attempt ADR, any pre-action disclosure request, and next steps (acknowledgment and response within 14 days–3 months).

Question 2

How should a letter of response be structured?

Answer 2

Refer to the claimant’s letter of claim and date, respond to each paragraph admitting, denying, or requiring proof, set out the defendant’s own factual or legal case (including any counterclaim), address ADR or settlement proposals, and suggest next steps (e.g. mediation).

Question 3

What should the Particulars of Claim contain?

Answer 3

Identify the parties, relevant contract or duty and breaches, and loss suffered; include claim for interest (contractual or statutory), confirm compliance with pre-action protocol, include a ‘Prayer’ (damages, interest, costs), and a statement of truth.

Question 4

What is the required statement of truth for Particulars of Claim?

Answer 4

“I believe that the facts stated in these Particulars of Claim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

Question 5

What is the standard format of a Defence?

Answer 5

Use the heading: “IN THE [COURT], Claim No [NUMBER], BETWEEN [CLAIMANT] and [DEFENDANT], DEFENCE.” Adopt definitions, respond to each paragraph of the Particulars of Claim by admitting, denying (with reasons), or requiring proof, and end with a statement of truth.

Question 6

What must the statement of truth in a Defence say?

Answer 6

“The Defendant believes that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

Question 7

What are the types of Part 20 claims?

Answer 7

Counterclaim (CPR 20.4), counterclaim with a third party (20.5), contribution or indemnity claim (20.6), and any other additional claim under CPR 20.7.

Question 8

When is permission required for a Part 20 claim?

Answer 8

Always for a joint counterclaim against the claimant and a third party (CPR 20.5); otherwise not required if filed with the defence. Where required, apply using Form N244 with draft order and witness statement.

Question 9

What distinguishes an affidavit from a witness statement?

Answer 9

An affidavit is sworn before an authorised person instead of being verified by a statement of truth, and ends with a jurat signed by the deponent and the authorised person.

Question 10

What must a jurat include?

Answer 10

The signatures of all deponents and the person before whom it was sworn, with their name, qualification, and full address, appearing immediately after the text (not on a separate page).

Question 11

What must a witness statement contain?

Answer 11

Heading (party, initials, statement number, date), introduction (“I, Aamirah Bhula, of 6 Beachs Drive will say as follows”), statement of knowledge and belief, chronological facts - number each paragraph, reference to exhibits, and a statement of truth.

“I, Aamirah Bhula, of 6 Beachs Drive will say as follows”
“ I am [employee job title] of the Claimant/Defendant and i am duly authorised to make this statement on behalf of the Claimant/Defendant. This witness statement was prepared following face to face discussions with the solicitor for the Claimant. I make this witness statement from matters within my own knowledge and belief save where the contrary appears. Where I refer to matters of which I have been told by others, those matters are true to the best of my knowledge and the source of my information appears.”

I make this statement in support of the [Claimant’s] application for [summary judgment].

Question 12

What is the required statement of truth for a witness statement?

Answer 12

“I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.”

Question 13

What information is required on form N244?

Answer 13

Court name and claim number, party details, identity of applicant, order sought (and draft order if complex), hearing requirements (length, level of judge, parties to be served), and statement of truth if the evidence is included in the form.

Question 14

When can an N244 application be dealt with without a hearing?

Answer 14

If all parties agree to the order sought and to no hearing, and the court considers it just to deal with the application on paper (CPR 23.8).

Question 15

What must a valid Part 36 offer contain?

Answer 15

Written statement made “pursuant to Part 36 CPR”, identifying whether it covers all or part of the claim, stating the 21-day relevant period, the sum offered, the basis for costs and interest, and terms of payment (within 14 days of acceptance).

Question 16

What happens if a Part 36 offer is accepted?

Answer 16

Proceedings are stayed automatically; the paying party must pay the agreed amount within 14 days; costs follow standard-basis rules up to acceptance.

Question 17

What is a Tomlin Order and what must it include?

Answer 17

A consent order staying all further proceedings on the agreed settlement terms set out in a confidential Schedule, which is not part of the public record. It must include: “BY CONSENT IT IS ORDERED THAT all further proceedings in this action be stayed upon the terms set out in the Schedule, except for the purpose of enforcing those terms.” Permission for either party to apply to enforce the terms without issuing a new claim. Costs clause (e.g. no order as to costs, or payment on standard/indemnity basis). The court retains jurisdiction to enforce the Schedule.

Question 18

What does a consent order following settlement do?

Answer 18

It stays proceedings on agreed terms recorded in an annexed or confidential settlement agreement, gives permission to apply to enforce without a new claim, and includes a costs clause. Signed by both parties or representatives.

Question 19

What must a draft order include?

Answer 19

Cover page (court, claim no., parties, title), recitals (“UPON the application of the [Claimant/Defendant]” and “AND UPON hearing counsel for both parties”), operative terms (e.g. strike out, default judgment, security for costs, unless order), and order as to costs, dated and signed.

Question 20

What documents usually accompany an interim application?

Answer 20

N244 application notice, draft order, supporting evidence (witness statement or affidavit), and skeleton argument (required in the High Court).

Question 21

What is the correct closing for formal legal correspondence?

Answer 21

End with “Yours faithfully”, signed on behalf of the firm — the standard professional closing for litigation correspondence.

Question 22

What is the standard heading format for all statements of case?

Answer 22

Each statement of case must begin: “IN THE [COURT], Claim No [NUMBER], BETWEEN [CLAIMANT] and [DEFENDANT], [TITLE OF STATEMENT OF CASE].” This format applies to all pleadings (Particulars of Claim, Defence, Reply, Counterclaim, and Part 20 claims) to comply with CPR PD 2A and PD 5A.