Contentious Drafting Courses

Taken from the contents of the accompanying manuals

Drafting Statements of Case

  1. Case Analysis
  2. Legal research
  3. Recording the fruits of this work
  4. Exercises
  5. Precedents
  6. Pleading skills
  7. Ethics
  8. Statements of truth
  9. Rules applying to all statements of case

Claim form

  1. Part 7 or Part 8?
  2. Part 7 Claim Form - Formal Requirements
  3. Contents of Part 7 Claim Form
  4. Claim Form and Particulars of Claim
  5. Details relating to the Claimant
  6. Details relating to the Defendant
  7. Statement of Value - Money Claims Generally
  8. Statement of Value - Money Claims in the High Court
  9. Statement of Value - Money Claims - Personal Injuries
  10. Statement of Value - Money Claims - What to include in the figure
  11. Statement of Truth
  12. Claim Form to be served, without permission, out of the Jurisdiction
  13. Sample Claim Form

Drafting Particulars of Claim

  1. How should you express yourself?
  2. How much detail?
  3. Embarrassing pleading
  4. Particulars
  5. Format
  6. Formalities for Particulars of Claim
  7. Structuring Exercise

Defences and later statements of case

  1. Introduction
  2. Failing to Deal with an Allegation
  3. General approach to drafting a defence
  4. Good Practice
  5. Pregnant negatives
  6. Useful Phrases for Drafting Defences
  7. Disputing Claimant’s Statement of Value
  8. Formalities
  9. Statement of Truth
  10. Defence of Set Off
  11. Limitation
  12. Tender before action
  13. Counterclaims
  14. Reply and defence to counterclaim
  15. Function of a Reply
  16. Statement of Truth
  17. Defence to Counterclaim
  18. Subsequent statements of case

Witness Statements

  1. Introduction
  2. Making sure witness statements are complete
  3. Making sure you are not criticised by the judge
  4. Planning the witness interview
  5. Planning check list
  6. Scope the interview
  7. Prepare an agenda
  8. Tell the witness what to do in advance
  9. Prepare the witness bundle
  10. Consider what other documents are needed
  11. Structure the witness statement
  12. Practical arrangements
  13. Proof of evidence
  14. Exhibits
  15. Witness statements for interlocutory hearings
  16. Witness statements for trial
  17. Waiver of privilege
  18. Lawyer’s authority to waive privilege
  19. Methods of waiving privilege
  20. Reference to privileged document in witness statement
  21. References in correspondence
  22. Extent of waiver
  23. Purpose of rule against cherry picking
  24. Waiver for restricted purposes
  25. Professional conduct
  26. Putting forward a known untruth
  27. Duty to check the truth
  28. Duty to include the whole truth?
  29. Rehearsing, practising and coaching witnesses
  30. Collaboration between witnesses
  31. No property in a witness
  32. Advising a witness not to speak to the other side
  33. Speaking to witnesses who are still on oath
  34. Conditional payments to witnesses
  35. Questioning techniques
  36. Objectives of witness interview
  37. Legitimate purpose for questions
  38. Style of questions
  39. Formalities
  40. Generally
  41. Witnesses who cannot read or sign
  42. Witness statements in a foreign language
  43. Defective witness statements - trial or other hearings
  44. Procedural matters
  45. How to prove evidence of witnesses
  46. Witness statements generally
  47. Witness statements for use at trial
  48. The witness gives oral evidence
  49. Evidence by video link
  50. The party calling the witness puts the statement in as hearsay
  51. The other party puts the statement in as hearsay
  52. Consequence of failing to serve a witness statement for use at trial
  53. Witness statements for use at hearings other than at trial
  54. Trial - where no witness statement can be obtained
  55. Giving evidence
  56. The status of witness statements
  57. Specimen witness statement