SQE2 Drafting

Question 1

Strucuture of a letter of claim

Answer 1

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]

Question 2

Structure of Particular of claim

Answer 2

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:

1. DMG of
2. 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]

Question 3

Wording in a defence to admit a part of the claim

Answer 3

Paragraph X is admitted

Question 4

Wording in a defence for non-admission

Answer 4

Paragraph X is not admitted, or are neither admitted or denied and the claimant is put to strict proof thereof

Question 5

Wording in a dference for denial

Answer 5

Paragraph X are denied. [begin positve case] with it is averred that… it is the defendant’s case that…

Question 6

Structure of a tomlin order

Answer 6

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

1. all further proceedings in this claim be stayed except for the purpose of carrying the terms of the agreement into effect
2. AND for that purpose the Parties have permission to apply without the need to issue fresh proceedings
3. The costs of the Claimant and Defendant be subject to detailed assessment if not agreed
4. This Order shall be served by the serving party on the party to be served