SQE2 DRAFTING FORMS

Question 1

Elements of drafting a part. of claim?

Answer 1

Court in right corner

1. ‘particulars of claim’ - general facts and the breach of duty
2. ‘particulars of breach/negligence’ - specific facts about speed, measurements
3. ‘particulars of loss and damage’ - break down of money and then interest pursuant to…
4. statement of truth

Question 2

Elements of drafting a defence?

Answer 2

‘defence (and counterclaim’
1. defence - admit or deny corresponding paragraphs and end on the alternative note
2. ‘particulars of breach’ to the alternative note
3. ‘counterclaim’ - claim to repeat the defence, and that there is loss or damage + interest pursuant to…
4. statement of truth

Question 3

Elements of drafting reply and defence to counterclaim

Answer 3

1. ‘reply’ - admit to corresponding paragraphs and contend those in dispute
2. ‘defence to counterclaim’ - can repeat the reply, and then admit or deny corresponding paragraphs
   - deny that the defendant is entitled to damages

3 statement of truth

no need for more damage/interest claims

Question 4

Elements to drafting part 18 request for further info?

Answer 4

‘claimants part 18 request for further information’

this request is made on [xyz] and claimant expects response no later than [14 days or so]

numbered paragraphs corresponding to the other form

signed off by solicitor

Question 5

Elements of drafting a witness statement?

Answer 5

‘witness statement of [name]’
how witness statement was taken i.e. over phone
‘own knowledge’ vs ‘it is my belief that…’

figures not words for numbers

cannot be signed by lawyer

Question 6

Elements of drafting part 36

Answer 6

state it is part 36
state period of no less than 21 days acceptance
state relation to whole claim or part
whether it includes counterclaims