Legal Drafting (Disputes)

Question 1

How should you deal with definitions in a defence?

Answer 1

Include a first paragraph stating:

“The Defendant adopts the definitions used in the Particulars of Claim.”

Question 2

Paragraphs 1 - 5 on the particualrs are correct

Paragraphs 6 - 8 are incorrect.

How should you respond in the defence?

Answer 2

1. Paragraphs 1 - 5 are admitted.
2. Paragraphs 6 and 8 are denied.

(i) Reason 1 ….

(ii) Reason 2….

Question 3

If your defence is that the claimant is not entitled to relief, how should you close your defence before moving on to the counterclaim?

Answer 3

For example…

The Claimants are not entitled to relief sought or to any relief.

Question 4

When drafting a counterclaim as part of a defence and counterclaim, what should the first paragraph be?

Provide an example

Answer 4

Repeat the defence admissions before dealing with your counterclaim to the other particulars paragraphs.

For example…

“The Defendants repeat Paragraphs 1-5 of their Defence.”

Question 5

You are drafting a defence and counterclaim. In your counterclaim, how do you draft interest for a liquidated amount?

For example, the Defendants have suffered a loss amounting to £25,000,

Answer 5

The Defendant is entitled to interest on the outstanding instalment under clause [ ] of the Contract at the rate of [ ] % per annum from [date debt was due] until [date defence was issued] amounting to [ ] and continuing at a daily rate of [ ] until judgment or sooner payment.

Question 6

You are drafting the particulars of claim.

What should the ‘parties’ section include?

Answer 6

• Name of C and D
• Nature of their business
• Any connected entities

For example….

“The Defendant was at all material times [SET OUT RELEVANT DETAILS OF, AND BACKGROUND TO, THE DEFENDANT] and is engaged in [SET OUT THE NATURE OF THE DEFENDANT’S BUSINESS AND INTRODUCE ANY OTHER RELEVANT INDIVIDUALS OR ENTITIES INVOLVED WITH THE DEFENDANT]….”

Question 7

You are drafting the particulars of claim for a contractual debt claim.

What should the ‘contract’ section include?

Answer 7

• How the contract was made
• Date
• Summary of subject matter
• Sum agreed

For example….

“By a contract [SPECIFY WHETHER ORAL OR IN WRITING AND, IF ORAL, BETWEEN WHOM IT WAS MADE AND WHEN, WHERE, AND HOW] dated [DATE] between the Claimant and the Defendant for the [SUMMARY OF THE SUBJECT MATTER OF CONTRACT], the Claimant agreed [SET OUT THE PROMISE] and the Defendant agreed [SET OUT THE PROMISE TO PAY] to pay the sum of [SPECIFY THE PRICE].

Question 8

You are drafting the particulars of claim for a contractual debt claim.

Having set out the parties and the contract, what should follow?

Answer 8

The Terms of the Contract

“The contract contained the following express terms:

… On a true construction of the contract, the Defendant was obliged to [STATE ANY PARTICULAR CONSTRUCTION CONTENDED FOR].”

Question 9

You are drafting the particulars of claim for a contractual debt claim.

Once you have set the terms of the contract out, what three sections should you include before the particulars of loss?

Answer 9

• Claimant’s performance of the contract
• Payment due date
• Defendant’s failure to pay

For example…

“The Claimant therefore claims the [outstanding] sum of £[AMOUNT DUE] owed by the Defendant to the Claimant.]”

Question 10

You are drafting the particulars of claim for a contractual debt claim.

Once you have set the first section (parties, contract, terms, performance, payment date and failure to pay) what comes next?

Answer 10

Central heading:

“PARTICULARS OF LOSS”

This has the following sub headings:

• Set out particulars of damage
• Claim for interest
• Prayer
• Statement of Truth

Question 11

You are drafting the particulars of claim for a contractual debt claim.

What are the options for the claim for interest section?

Answer 11

Either…

(a) Contract Rate

(b) County Court Rate

(c) High Court (SCA) Rate

for example.…

“and continuing at the rate of statutory interest under section 35A of the Senior Courts Act 1981.”

(d) Late Payment of Commercial Debts (Interest) Act 1998

Question 12

You are drafting the particulars of claim

How do you include the prayer?

Answer 12

Stop the numbering

AND THE CLAIMANT CLAIMS:
(1) The sum of £[AMOUNT].
(2) [Contractual OR statutory] interest as set out at paragraph []
(3)…..
(4)…..

Question 13

You are drafting a letter of claim.

How should you open the letter?

Answer 13

We act for [Insert Company], registered office at [Insert Address].

Then provide details of the case…..

Question 14

You are drafting a letter of claim.

What should you do if you are referring to documents?

Answer 14

Documents need to be attached to the letter of claim

Write (copy enclosed) in the main body. Then at the end of the document, under the closing signature, write a list of the documents entitled ‘Enc’

For example…

On 2 July, Preece entered into a contract with you for the supply by you of stationery (the Contract, copy enclosed) over a 3-year period.

…

Yours faithfully,

Briggs & Richmond LLP

Enc.

1. Contract between you and Preece dated 2 July [year]
2. Practice Direction – Pre-action Conduct and Protocols

Question 15

You are drafting a letter of claim.

How should you incorporate the pre-action protocol?

Answer 15

“We consider that this letter complies with the ‘Practice Direction – Pre-action Conduct and Protocols’ which sets out the steps the court would normally expect parties to take before commencing proceedings in relation to this matter. The documents we have enclosed are the key documents relevant to the issues in dispute.”

Question 16

You are drafting a letter of claim.

Do you need to specify a timeframe for the recipient to respond? If so, how long?

Answer 16

Yes. Usually 14 days.

“Please respond within the next 14 days. If no response is received in that time period, [X] intends to commence proceedings without further notice.”

Question 17

You are drafting particulars of claim.

You are claiming interest generally.

What statute applies, and what do you draft?

Answer 17

The Claimant claims interest on such damages as are awarded to it pursuant to section 35A Senior Courts Act 1981, at such rate and for such period as the court thinks fit.

Question 18

You are drafting a particulars of claim.

What are the….

• 2 headings capitalised and central; and
• Final heading justified to the right

Answer 18

1…………
2………….
3………….

PARTICULARS OF BREACH

4………….
5………….

PARTICULARS OF LOSS AND DAMAGE

6. …………
7. …………

AND THE CLAIMANT CLAIMS
(1)
(2)

Question 19

You are draftng a particulars of claim

The Operations Director is going to sign the statement of truth.

How should this appear?

Answer 19

The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands 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. I am duly authorised by the Claimant to sign this statement.

Signed:……..
Full name: ……
Position or office held: Operations Director Date:…….

Question 20

You are drafting a defence.

Prior to the statement of truth, what should your final paragraph state?

Answer 20

General denial:

“In the circumstances the Claimant is not entitled to the relief sought or any relief”

Question 21

You are drafting a counterclaim

What should the first paragraph of the counterclaim section state?

Answer 21

“The Defendant repeats paragraphs [x] - [x] of its Defence.”

For example….

DEFENCE

1……..

2…….

3…….

COUNTERCLAIM

4.The Defendant repeats paragraphs 1-3 of its Defence.

5…….

Question 22

You are drafting a particulars of claim relating to a commercial debt

If there was no contractual interest due, how would you claim statutory interest?

Answer 22

Claim statutory interest under the Late Payment of Commercial Debts (Interest) Act 1988 because this is a commercial debt (rather than the Senior Courts Act 1981).

Question 23

You are drafting a Part 18 Request.

Specify the structure and content.

Answer 23

Include the standard template including court, claim number, parties and that it is a CPR Part 18 Request

INTRODUCTION

1. This is a request pursuant to Part 18 of the Civil Procedure Rules.
2. This request is made by the [C/D] to the [C/D].
3. This request relates to the [Defence] served on [X]/
4. This request is made and served on [Date[ and the response is expected by [Date]

REQUEST

5. [Provide context]
6. Request 1:…….
7. Request 2: …..

Date:…….

Question 24

You are drafting a reply to a Part 18 Request.

Specify the structure and content.

Answer 24

Paste the request and reply directly below in bold:

2. Request 1: …….

Response 1: ………

3. Request 2: …….

Response 2: ………

Close with a statement of truth.

Question 25

Provide an example for the following: Document: **Letter of Claim** Section: **Introductory Paragraph**

Answer 25

We are instructed to act on behalf of [name of client] in relation to its claim against [you] for [breach of contract] arising from [set out event].

Question 26

Provide an example for the following: Document: **Letter of Claim** Section: **Pre-Action Formality**

Answer 26

This letter is being send to you in accordance with the Practice Direction on Pre-Action Conduct and Protocols contained in the Civil Procedure Rules 1998. We refer you to **paragraphs 13 to 16** of the PDPCP regarding the power of the Court to impose sanctions for any failure to comply with its provisions.

Question 27

Provide an example for the following: Document: **Letter of Claim** Section: **Desire to Settle/ADR**

Answer 27

Our client is open to participating in alternative dispute resolution as the most cost-effective and expeditious way forward.

Question 28

Provide an example for the following: Document: **Letter of Claim** Section: **Response Timeframe**

Answer 28

Please respond within the next 14 days. If no response is received in that time period, Preece intends to commence proceedings without further notice.

Question 29

If a **company** is verifying a statement of truth, how should the authorised individual (e.g. operations director) sign it?

Answer 29

**For example...** “The defendant believes that the facts stated in this defence are true. I am duly authorised by the defendant to sign this statement....” NotewWhere a document is verified on behalf of the company, the statement must be signed by a person holding a **senior position in the company** that must state the office or position held.

Question 30

If an **individual** is verifying a statement of truth, how should it be worded? By individual, I mean in their own claim as opposed to a companies case.

Answer 30

“**I believe** that the facts stated in this claim form are true…”

Question 31

If the case is in the County Court, how can you claim statutory interest? **Provide the relevant statute.**

Answer 31

**s.69** County Courts Act 1984 if in the County Court

Question 32

If the case is in the High Court, how can you claim statutory interest? **Provide the relevant statute.**

Answer 32

**s35A** Senior Courts Act 1981 if in the High Court

Question 33

If you are claiming statutory interest, what are the two applicable statutes?

Answer 33

**s35A Senior Courts Act 1981** if in the High Court **S69 County Courts Act 1984** if in the County Court

Question 34

You are asked to draft a witness statement. What should be included in the **top right corner?**

Answer 34

* Claimant or Defendant * Initial and surname of witness * Number of statements made * Initials of ehibits * Date statement made **For example....** Claimant A Lee First AL1-AL3 22/04/2025

Question 35

You are asked to draft a witness statement. What structure should be adopted?

Answer 35

Follow the **chronological** sequence of the events or matters dealt with

Question 36

You are asked to draft a witness statement. What should the **first line** consist of?

Answer 36

An **unnumbered** paragraph with the witness’s full name and address (or the address at which she works if made in a professional capacity). **For example...** I, Abigail Lee, of Hayfield House, 20 Hayfield Street, London, NW3 5LE, will say as follows:

Question 37

You are asked to draft a witness statement. How do you draft the **body** of the statement?

Answer 37

Use **numbered** paragraphs

Question 38

You are asked to draft a witness statement. What should the **first numbered substantive paragraph** include?

Answer 38

* The position held or occupation * The process it has been prepared * Name of her firm or employer * Statements made in own knowledge and For example ‘I am the Marketing and Product Development Director of the Claimant I am **duly authorised** to make this statement on behalf of the Claimant. 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."

Question 39

You are drafting a witness statement How do you explain the **weight of statements made** in the first substantive paragraph?

Answer 39

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."

Question 40

Should you include a paragraph confirming what the witness statement concerns? What application?

Answer 40

It is important in a witness statement for an interim application to confirm what is being applied for. This is **not** needed in a witness statement for trial For example... *"I make this statement in support of the Claimant’s application for summary judgment"* Note, a witness statement should never set out the CPR test in full.

Question 41

You are drafting a witness statement If you refer to a document (e.g. contract or invoice) what is required?

Answer 41

After discussion you must include the following sentence: **"I refer to the invoice marked as exhibit 'AL1’** Usually the exhibiting formula (e.g. AL) takes the initials if the witness. The next exhibit, if any, would be referred to as AL2, etc.

Question 42

You are drafting a witness statement. Should you include a paragraph confirming what remedy is requested?

Answer 42

**WS supporting Interim Application:** Include a final paragraph confirming the remedy that the Claimant is seeking. For example "I submit to the court for the reasons set out above that the Defendant is liable for the sum claimed and that the Claimant’s application should be granted and judgment given in favour of the Claimant for the full sum due together with interest on that sum" **WS for trial:** Do not include.

Question 43

You are drafting a witness statement Should you refer to parties by their names or their role in proceedings?

Answer 43

Use defined terms where appropriate, for example, For example the Claimant and the Defendant should be defined in the heading and thereafter use those terms.

Question 44

You are drafting a **defence**. What is your first paragraph?

Answer 44

The Defendants adopt the definitions used in the Particulars of Claim.

Question 45

You are drafting a **defence**. How do you usually deal with causation?

Answer 45

The Defendant requires proof that [X] was attributable to the Defendant’s alleged breach of contract.

Question 46

You are drafting a **defence**. How do you usually deal with the paragraph specifying loss?

Answer 46

As to Paragraphs [x]-[x], the Claimants are **required to prove** any loss and damage alleged to have been suffered.

Question 47

You are drafting a **defence**. What should you include *before* the prayer?

Answer 47

In the circumstances, the Claimants are not entitled to relief sought or to any relief.

Question 48

You are drafting a **particulars or claim**. How do you introduce the parties roles and background?

Answer 48

The Claimant [is and] was at all material times [Background] and is engaged in [Type of Business]. The Defendant was at all material times [Background] and is engaged in [Type of Business].

Question 49

You are drafting a **particulars or claim**. How do you introduce the existence of a contract?

Answer 49

By a [contract or agreement] dated [date] between the Claimant and the Defendant for the [Subject Matter], the Claimant agreed to [set out the promise] and the Defendant agreed [set out promise] to pay the sum of [price].

Question 50

You are drafting a **particulars or claim**. How do you introduce the terms of the contract?

Answer 50

 The contract contained the following express terms: (a) …. (b) …. Further, the following terms were implied into the contract as a matter of custom and to give effect to the necessary intentions of the parties: (a) …. (b) ….

Question 51

You are drafting a **particulars or claim for a contractual debt**. How do you deal with Cs performance?

Answer 51

Pursuant to the contract, the Claimant [Set out details of Cs performance] on [Date]. The Claimant issued an invoice [Invoice Details] to the Defendant dated [date].

Question 52

You are drafting a **particulars or claim for a contractual debt**. How do you deal with **due payment?**

Answer 52

Payment was due from the Defendant on [Date] OR [Number] days from the date of the invoice, namely by [Date].

Question 53

You are drafting a **particulars or claim for a contractual debt**. How do you deal with **Ds failure to make payment?**

Answer 53

In breach of the contract, the Defendant has failed to pay the sum of £X by the due date. Despite numerous requests for payment, the Defendant has not paid the Claimant the £X or any part of it. The Defendant therefore owes the Claimant the sum of £X

Question 54

You are drafting a **particulars or claim for a contractual debt**. If a contract rate is specified in the contract, what is your **claim for interest?**

Answer 54

The Claimant claims contractual interest on the sum unpaid at the rate of X% from [Payment due date] to the date of issue of this claim [date] amounting to £X and continuing at the rate of £X per day until judgment or earlier payment .

Question 55

You are drafting a **particulars or claim for a contractual debt**. If there is no contract rate, and it is a business to business contract, what is your **claim for interest?**

Answer 55

The Claimant and the Defendant were each acting in the course of their respective businesses. The sum of £X is a qualifying debt and therefore the Claimant claims statutory interest under the **Late Payment of Commercial Debts (Interest) Act 1998** from [Payment due date] to the date of issue of this claim [date] and continuing until judgment or earlier payment.

Question 56

You are drafting a **particulars or claim for a contractual debt**. If there is no contract rate, and it is not a qualifying business to business contract, what is your **claim for interest?** It is in the HIGH COURT

Answer 56

The Claimant claims statutory interest under **section 35A of the Senior Courts Act 1981** at the rate of X% from [Payment due date] to the date of issue of this claim [date] amounting to £X and continuing at the rate of £X per day until judgment or earlier payment.

Question 57

You are drafting a **particulars or claim for a contractual debt**. If there is no contract rate, and it is not a qualifying business to business contract, what is your **claim for interest?** It is in the COUNTY COURT

Answer 57

The Claimant claims statutory interest under section 69 of the County Courts Act 1984 from [Payment due date] to the date of issue of this claim, continuing until judgment or earlier payment.

Question 58

You are drafting a **Letter of Claim** Provide an introductory sentence.

Answer 58

Dear X Our client: [Client Name] We are instructed to act on behalf of [name of client] in relation to its claim against [name of recipient] for [breach of X] arising from [set out event].

Question 59

You are drafting a **Letter of Claim** How do you deal with pre-action formality?

Answer 59

This letter is being to you in accordance with the **Practice Direction on Pre-Action Conduct and Protocols** (“PDPCP”) contained in the Civil Procedure Rules 1998 (“CPR”). We refer you to paragraphs 13 to 16 of the PDPCP regarding the power of the Court to impose sanctions for any failure to comply with its provisions.

Question 60

You are drafting a **Letter of Claim** How do you introduce the contract or context?

Answer 60

We are instructed that on [date] you entered into a contract with our client for [...] on the..... (the ‘Contract’, copy enclosed)…..

Question 61

You are drafting a **Letter of Claim** How do you introduce the damage suffered?

Answer 61

As a consequence of your breach of contract, our client has suffered damage and loss in the sum of £X, quantified as follows:

Question 62

You are drafting a **Letter of Claim** What must you do with the documents referred to and how could you do this?

Answer 62

**You must enclose!** We enclose a copy of the following: For example…. Contract Expert Report Standard Terms of Sale We require your confirmation that you will take proper and appropriate steps to ensure no relevant documents that are in you control are altered, lost, destroyed or disposed of.

Question 63

You are drafting a **Letter of Claim** How can you mention ADR?

Answer 63

Our client is open to participating in alternative dispute resolution as the most cost-effective and expeditious way forward.

Question 64

You are drafting a **Letter of Claim** How do you end the letter, specific reference to a reply and next steps.

Answer 64

Please respond within the next 14 days. If no response is received in that time period, we are instructed to commence Court proceedings against you without further notice.

Question 65

You are drafting a **witness statement** What MUST be included on the right handside above the usual heading?

Answer 65

**Formula:** Claimant or Defendant First name initial + Surname How many statements from this witness Exhibit range Date statement was made ***For example…*** Claimant A Lee First AL1-AL3 15/05/2025

Question 66

You are drafting a **witness statement** How should the statement commence?

Answer 66

I, [Name], of [address] will say as follows: …… …… ……

Question 67

You are drafting a **witness statement** If the witness is making a statement on behalf of a company, what must be included?

Answer 67

“I am the [Specify Role] of [X Company] and I am duly authorised to make this statement on behalf of the Claimant”

Question 68

You are drafting a **witness statement** How should you incorporate the method of creation and knowledge of the statement maker?

Answer 68

This witness statement was prepared following face to face discussions with the solicitor for the Claimant.

Question 69

You are drafting a **witness statement** How should you incorporate the method of creation and knowledge of the statement maker?

Answer 69

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.

Question 70

You are drafting a **witness statement** When do you include the application type? And how?

Answer 70

In a witness statement for an interim application, confirm what is being applied for. This is **not** required in a trial statement. **‘I make this statement in support of the Claimant’s application for summary judgment’.**

Question 71

You are drafting a **witness statement** How do you deal with documents referred to?

Answer 71

All documents referred to need tp br marked as an exhbit **using a formula taking the initials of the witness**. For example, Jonathan Powell would be JP. “I refer to the letters dated 28 November 2024 and 5 December 2024 marked as exhibits ‘JP2’ and ‘JP3’”

Question 72

You are drafting a **witness statement** At the end, do you mention the application being made?

Answer 72

In a witness statement for an interim application, confirm the remedy that the Claimant is seeking. Do not include in a trial statement. **“I submit to the court for the reasons set out above that the Defendant is liable for the sum claimed and that the Claimant’s application should be granted…”**

Question 73

You are drafting a **witness statement** What statement of truth should be used?

Answer 73

**Always use an individual first person statement of truth for a witness statement:** “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 74

You are drafting a **Part 36** offer Draft an introductory paragraph.

Answer 74

Dear [X], **Without prejudice save as to costs** **[PARTY NAME] v [PARTY NAME]: Offer to settle under Part 36** We refer to the above matter in which we act for [Client Name]. Our client is confident that it has a strong case against your client…. Nevertheless, our client is keen to resolve this matter amicably. We are, therefore, authorised to make your client, the following offer to settle under Part 36 (‘Offer’).

Question 75

You are drafting a **Part 36** offer How do you satisfy the requirment that it is clear the offer has Part 36 consequences? It is a **Claimant** offer

Answer 75

This Offer is made pursuant to Part 36 of the Civil Procedure Rules, and it is intended to be a claimant’s Part 36 offer. Accordingly, if your client accepts this Offer within 21 days (the relevant period), your client will be liable for our client's costs.

Question 76

You are drafting a **Part 36** offer How do you satisfy the requirment that it is clear the offer has Part 36 consequences? It is a **Defendant** offer

Answer 76

This Offer is made pursuant to Part 36 of the Civil Procedure Rules, and it is intended to be a defendant’s Part 36 offer. Accordingly, if your client accepts this Offer within 21 days (the relevant period), your client will be liable for our client's costs. Accordingly, if your client accepts this Offer within 21 days (the relevant period), our client will be liable for your client's costs for that period.

Question 77

You are drafting a **calderbank** offer Provide an introduction

Answer 77

Dear [X], **Without prejudice save as to costs** **[PARTY NAME] v [PARTY NAME]: Calderbank Offer to Settle** We refer to the above matter in which we act for [Client Name]. Our client is confident that it has a strong case against your client…. Nevertheless, our client is keen to resolve this matter amicably. Our client is, therefore, prepared to make the settlement offer set out below.

Question 78

You are drafting a **calderbank** offer Provide a clause specifying the duration of the offer

Answer 78

This offer is open for acceptance only until [Time] on [Date] (Deadline);

Question 79

You are drafting a **calderbank** offer Provide a clause specifying the effect on the legal rights of the parties

Answer 79

This offer is made in full and final settlement of the whole of your client's claim referred to in the particulars of claim OR your letter of claim.

Question 80

You are drafting a **calderbank** offer Provide a clause on the costs

Answer 80

Our client to pay your client's costs of this matter [up to the date of this letter OR up to the expiry of the Deadline], on the standard basis, to be assessed if not agreed.

Question 81

You are drafting a **calderbank** offer Provide a clause on the effect of the recipient accepting.

Answer 81

[Number] days after you (on behalf of your client) accept this settlement offer by letter delivered to this firm (stating reference: [REFERENCE]), our client will be liable to pay your client the sum of £X inclusive of interest and any VAT.

Question 82

You are drafting a **calderbank** offer Provide a clause on the effect of the recipient rejecting.

Answer 82

If your client does not accept this settlement offer, **we reserve the right to bring the contents of this letter to the attention of the court on the issue of costs.** If your client fails to do better than this settlement offer at trial, we intend to seek an order requiring your client to pay our client's costs from the expiry of the Deadline, together with interest on those costs from that date until payment.

Question 83

The claim is in the High Court. It is contractual, tortious of PI. Wha **heading** on the particulars/defence is needed?

Answer 83

IN THE **HIGH COURT OF JUSTICE** **KING’S BENCH DIVISION**

Question 84

What structure should your particulars of claim take?

Answer 84

* Hearing * Parties * Contract/Duty * Breach * Causation * Loss * Interest * Prayer * Drafter and Date * Statement of Truth

Question 85

In a Defence, what comes **between** (a) Prayer; and (b) Statement of Truth

Answer 85

**Drafter (Firm) & Date** *Justified Right* *For example....* Price Prior LLP 5 May 2025

Question 86

In a Particulars of Claim, what comes **between** (a) Prayer; and (b) Statement of Truth

Answer 86

**Drafter (Firm) & Date** *Justified Right* *For example....* Price Prior LLP 5 May 2025

Question 87

What is the content of the statement of truth? Provide example for when signing on behalf of a company.

Answer 87

(a) **Truth of Facts:** The *Defendant/Claimant* believes that the facts stated in this Defence are true. (b)**Contempt of Court:** The *Defendant/Claimant* understands 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. (c) **Authorisation:** I am duly authorised by the *Defendant/Claimant* to sign this statement. ## Footnote Think... (1) Facts Stated Are True (2) Proceedings for Contempt of Court (3) Duly Authorised

Question 88

If you are asked to draft a case summary, what do you include?

Answer 88

* Introduction * Issues of Fact agreed * Issues of fact disputed * Evidence * Procedural Chronology

Question 89

If the 'statement' is an affidavit, how does this differ from a witness statement from a drafting perspective?

Answer 89

(1) For the introduction, add "state on oath" instead of "I will as as follows" "I, Cynthia Harbin, of...... Managing Director of the Defendant, **state on oath:"** (2) Specific wording for exhibits. "**There is now shown to me marked** “CH2”..." (3) **Jurat rather than statement of truth:** Signed: [Witness] Sword At: [Address of Signing] On: [Date] Before Me: [Name of Commissioner] Signed: [Signature of Commissioner] Commissioner for Oaths

Question 90

For an affidavit, how do you note an exhibit:

Answer 90

"There is now shown to me marked "JP1"....."

Question 91

What statement is used at the end of an affidavit?

Answer 91

**Jurat** Signed: [Witness] Sword At: [Address of Signing] On: [Date] Before Me: [Name of Commissioner] Signed: [Signature of Commissioner] Commissioner for Oaths

Question 92

When do you draft and use an affidavit rather than witness statement

Answer 92

Statements supporting an applicationn for a **search order** or **freezing injunction**