Drafting (Bar Manuals)

Description

Cover FOREWORD GUIDE TO USING THIS BOOK OUTLINE CONTENTS DETAILED CONTENTS TABLE OF PRECEDENTS 1 The skill of drafting 1.2 The aim of drafting 1.3 Standards 1.4 Learning to draft 1.5 The objectives of the course 1.6 The content of drafts 1.7 The use of precedents 1.8 Working on your draft 1.9 Style 1.10 Leaving gaps in your draft 1.11 The use of this manual 1.12 Learning by doing 1.13 Further reading 2 The use of precedents 2.1 Precedents in practice 2.2 The advantages of precedents 2.3 The drawbacks of precedents 2.4 The sources of precedents 2.5 Working with precedents 3 Drafting in plain language 3.1 Introduction 3.2 Should we draft in plain language? 3.3 The lawyer’s difficulty 3.4 Drafting in plain language 3.5 How to draft in plain language 3.6 Modern alternatives for old-fashioned words and phrases 3.7 Further reading 4 The rules and principles relating to statements of case 4.1 The Civil Procedure Rules 4.2 What is a ‘statement of case’? 4.3 The principles behind statements of case 4.4 Rules about statements of case 4.5 Contents of statements of case 4.6 The statement of truth 4.7 Exercise 5 Headings 5.1 Titles of proceedings 5.2 Claim numbers 5.3 Names of parties 5.4 Examples 5.5 Exercise 6 Claim forms 6.1 Rules for claiming interest 6.2 The contents of a claim form 6.3 Abbreviated particulars of claim 6.4 Exercises 7 Basic particulars of claim in tort and contract 7.1 Rules for particulars of claim 7.2 The essence of particulars of claim 7.3 Ingredients of particulars of claim 7.4 Tort: negligence: ingredients 7.5 Tort: negligence: basic formula 7.6 Example 7.7 Breach of contract: ingredients 7.8 Breach of contract: basic formula 7.9 Example 8 Basic defences in tort 8.1 Rules for defences 8.2 The essence of a defence 8.3 The structure of a defence 8.4 Drafting the defence 8.5 Example defence: tort 8.6 Example defence: contract 8.7 Exercises 9 Further particulars of claim 9.1 Tort: occupiers’ liability 9.2 Tort: employers’ liability; breach of statutory duty; provisional damages 9.3 Tort: fatal accidents 9.4 Negligent misstatement 9.5 Contract: debt claim 9.6 Contract: anticipatory breach; debt claim; damages for wasted expenditure 9.7 Contract: failure of consideration; recovery of money paid 9.8 Contract: sale of goods; implied terms 9.9 Contract: supply of services; implied terms 9.10 Professional negligence 9.11 Exercises 10 Further defences 10.1 Tort: occupiers’ liability; trespasser 10.2 Tort: volenti non fit injuria; pure accident 10.3 Contract: exclusion clause; remoteness 10.4 Contract: tender before claim 10.5 Exercise 11 Misrepresentation 11.1 Introduction 11.2 The basic formula for particulars of claim 11.3 Claim for rescission and negligent misrepresentation 11.4 Claim for negligent misrepresentation and breach of contract 11.5 Claim for fraudulent misrepresentation and breach of collateral warranty 11.6 Defence: reasonable belief; restitutio in integrum impossible 11.7 Exercises 12 Additional precedents for claims 12.1 Clinical negligence 12.2 Nuisance 12.3 Nuisance; Rylands v Fletcher; negligence 12.4 Assault and false imprisonment 12.5 Trespass to goods: damage 12.6 Conversion: wrongful interference with goods 12.7 Simple bailment 12.8 Bailment, breach of contract, negligence 12.9 Trespass to land 12.10 Agency: claim for an account 12.11 Specific performance: sale of chattels 12.12 Specific performance: sale of land 12.13 Injunction 12.14 Exercise 13 Defence and counterclaim 13.1 Principles 13.2 Defence and counterclaim: without set-off 13.3 Defence and counterclaim: partial set-off 13.4 Defence and counterclaim: total set-off 13.5 Exercise 14 Reply and defence to counterclaim 14.1 Principles 14.2 Reply 14.3 Reply and defence to counterclaim 14.4 Defence to counterclaim 14.5 Exercise 15 Additional claims 15.1 Additional claims procedure 15.2 Indemnity, contribution, or damages 15.3 Drafting the third-party claim 15.4 Third-party claim against joint tortfeasor 15.5 Third-party claim in contract 15.6 Exercise 16 Amendment of statements of case 16.1 General 16.2 The original defence 16.3 The amended defence 16.4 Exercise 17 Request for further information 17.1 Introduction 17.2 To ask or not to ask? 17.3 Drafting the request for further information 17.4 Request for further information about a claim 17.5 Request for further information about a defence 17.6 Exercise 18 Further information 18.1 Form of further information 18.2 Drafting the further information 18.3 Example 18.4 Exercise 19 Interim injunctions 19.1 Procedure 19.2 Drafting injunction orders 19.3 Standard forms of injunction 19.4 Documents for application with notice in the High Court 19.5 Application without notice 19.6 A county court example 19.7 Exercise 20 Written evidence 20.1 General 20.2 Rules about affidavits and witness statements 20.3 Preparing to draft a witness statement: guidelines and ethical considerations 20.4 Drafting written evidence 20.5 Witness statement for use at trial 20.6 Witness statement in support of application for interim injunction 20.7 Affidavit in support of application for interim injunction 20.8 Witness statement in interim procedural application 20.9 Exercise 21 Judgments and orders 21.1 The procedural background 21.2 Drafting judgments and orders 21.3 Consent orders 21.4 Form 45 21.5 Judgment after trial before judge 21.6 Judgment in a personal injury claim 21.7 Judgment for provisional damages 21.8 Consent order made by the parties 21.9 Tomlin order 21.10 Exercises 22 Claims for judicial review 22.1 General matters 22.2 Claim for a mandatory order 22.3 Claim for a quashing order and mandatory order 22.4 Prohibiting order 22.5 Exercise 23 Skeleton arguments 23.1 General 23.2 Skeleton argument for use at a civil trial 23.3 Skeleton argument in support of an interim application 23.4 Skeleton argument in a criminal case 23.5 Exercises 24 Indictments 24.1 Introduction 24.2 What offences should be included in an indictment? 24.3 General form 24.4 Counts in particular cases 24.5 Exercise 25 Criminal grounds of appeal 25.1 Procedure 25.2 Grounds of appeal against conviction 25.3 Grounds of appeal against sentence 25.4 Drafting grounds of appeal 25.5 Example 25.6 Grounds 25.7 Exercises 26 Part 8 claims 26.1 General 26.2 Drafting the Part 8 claim form 26.3 The appointment of new trustees 26.4 Applications under Trusts of Land and Appointment of Trustees Act 1996, s 14 26.5 Applications under Trustee Act 1925, s 57 26.6 Exercise 27 Construction claims 27.1 Introduction 27.2 Three examples 27.3 Exercises 28 Claims for breach of trust 28.1 Introduction 28.2 Basic breach of trust 28.3 Breach of trust: liability to account; tracing 28.4 Constructive trustee: tracing against third party 28.5 Trusts of Land and Appointment of Trustees Act 1996, s 14 28.6 Exercises 29 Checklists for drafting skills 29.1 The purpose of this chapter 29.2 Language and style 29.3 Statements of case 29.4 Requests for further information 29.5 Injunction orders 29.6 Witness statements and affidavits 29.7 Criminal appeals INDEX