Legal Drafting - Dispute Resolution

Question 1

What is the structure of a defence and/or a counterclaim

Answer 1

DEFENCE:

1. Unless stated otherwise, paras refer to Particulars of Claim
   - Definitions of Particulars of Claim are adopted for the purpose of this Defence
2. Go through each paragraph of the claim and say whether it is:
   a) Admitted
   b) Denied and argued that…;
   c) Part is admitted and part is denied because…; or
   d) Makes no admission as the Defendant has no knowledge of those matters

COUNTERCLAIM:

1. Defendant repeats paragraphs [x] of Defence
2. Owing to the above matters, the Defendant has suffered loss and damage

PARTICULARS OF LOSS AND DAMAGE

TOTAL

1. Defendant therefore counterclaims from the Claimant damages in respect of the above
2. Defendant claims interest under:
   a) HC cases = s 35A SCA 1981
   b) CC cases = s 69 CCA 1984
   Awarded to them at such a rate and for such a period as the court thinks fit

AND THE DEFENDANT COUNTERCLAIMS

1. Damages as stated in para [x] above
2. Interest as stated in para [x] above.

Date signed by law firm

STATEMENT OF TRUTH
- Signed by defendant

Question 2

What is the structure for the particulars of claim for a breach of contract?

Answer 2

PARTIES

C/D is and was at all material times…

THE CONTRACT

1. State whether the contract was oral or written
2. Summary of what the contract was for
3. What was agreed (what act was to be done in exchange for consideration)

TERMS OF THE CONTRACT

1. The contract contained the following express terms
   - State whether they are conditions or warranties
2. Further, the following [terms/conditions] were necessarily implied into the contract
3. On true construction of the contract, the Defendant was obliged to do [x]

PARTICULARS OF BREACH OF CONTRACT

PARTICULARS OF LOSS AND DAMAGE

1. As a result of the Defendant’s breach of contract, the Claimant has suffered loss and damage
2. Set out loss and damage

TOTAL (have total claim on right hand side of page)

AND THE CLAIMANT CLAIMS

1. Damages as stated in [x]
2. Interest as stated in [x]

Date and signature

STATEMENT OF TRUTH
- Can be signed by the claimant themselves or the solicitor

Question 3

What is the structure for the particulars of claim of a negligence claim?

Answer 3

PARTIES

1. Claimant is and was at all material times…
2. State background facts giving rise to duty of care
3. The Defendant owed the Claimant a duty of care to [x]
4. In breach of that duty and owing to the negligence of the Defendant [x]

PARTICULARS OF NEGLIGENCE

1. Defendant was negligent in that they:

PARTICULARS OF LOSS AND DAMAGE

1. Owing to the Defendant’s negligence, the Claimant has suffered loss and damage:

TOTAL

1. Further, the Claimant claims interest under:
   a) HC cases = s 35A SCA1981
   b) CC cases = s 69 CCA 1984

AND THE CLAIMANT CLAIMS

1. Damages stated in [x]
2. Interest stated in [x]

Date and signed by firm

STATEMENT OF TRUTH
- Signed by claimant or solicitors

Question 4

What is the structure for a Part 36 offer?

Answer 4

Letter to the other side making the offer

1. Start with following headings:
   a) Without prejudice and save as to costs
   b) [Claimant] v [Defendant]: Part 36 offer to settle
2. State that client wishes to make an offer pursuant to Part 36 of CPR
3. Terms of offer
4. Potential consequences for failure to accept the offer
5. Sign off

Question 5

What is the structure for a witness statement?

Answer 5

1. Prescribed heading: WITNESS STATEMENT OF [full name]
2. I, [full name] of [address] state as follows:
3. State occupation
4. What the witness statement is in support of (C/D and then for what application)
5. How the witness statement has been prepared
6. Facts stated are within witnesses own knowledge and they believe them to be true
7. Set out facts in chronological order
8. STATEMENT OF TRUTH
9. Signed by witness