BPTC Opinion Writing & Drafting 2 — Questions and Answers
Question 1: A 'prayer for relief' in civil pleadings should:
- Be included within the body of the particulars of claim
- Set out precisely the remedy or remedies the claimant seeks from the court (Correct answer)
- Specify the quantum of costs claimed
- List all legal authorities supporting the claim
Correct answer: Set out precisely the remedy or remedies the claimant seeks from the court
The prayer for relief is the final section of the particulars of claim identifying every remedy sought — damages, injunction, declaration, interest, costs — so the defendant and court know what is at stake.
Question 2: What is 'pleading in the alternative' and when is it appropriate?
- Relying on contradictory facts in the same statement of case, which is always prohibited
- Advancing two or more legal bases for the same claim in the alternative when the facts support more than one cause of action, even if they are inconsistent (Correct answer)
- Amending a pleading after it has been served
- Submitting both a defence and a counterclaim
Correct answer: Advancing two or more legal bases for the same claim in the alternative when the facts support more than one cause of action, even if they are inconsistent
CPR permits pleading in the alternative where a claimant is uncertain which of two factual or legal bases applies; for example, pleading breach of contract and misrepresentation on the same set of facts.
Question 3: A criminal information (charge sheet) must identify:
- The defendant's address and employment history
- The defendant, the date and place of the alleged offence, and the specific offence charged (Correct answer)
- All prosecution witnesses and their availability
- The defendant's legal representative
Correct answer: The defendant, the date and place of the alleged offence, and the specific offence charged
A charge must identify who is accused, when and where the offence was allegedly committed, and which specific offence is charged, so the defendant can prepare their defence.
Question 4: When is it necessary to seek permission to amend a statement of case after it has been served?
- Never — parties can always amend their own pleadings
- After service, court permission is required, and the court will consider whether the amendment is proportionate and will not cause injustice to the other side (Correct answer)
- Only after the limitation period has expired
- Only at the trial itself
Correct answer: After service, court permission is required, and the court will consider whether the amendment is proportionate and will not cause injustice to the other side
Under CPR Part 17, amendments after service generally require court permission; the court balances the need for the amendment against the prejudice to the other party, particularly if limitation has expired.
Question 5: Which of the following should a well-drafted opinion always address?
- The full procedural history of the matter regardless of relevance
- Liability, quantum, procedural steps required, and a clear recommendation as to next steps (Correct answer)
- All possible legal arguments however remote
- The opponent's legal team's likely strategy in detail
Correct answer: Liability, quantum, procedural steps required, and a clear recommendation as to next steps
A practical opinion addresses liability (can we win?), quantum (what is it worth?), procedure (what do we do next?), and recommendation (what should the client do?), giving actionable advice.
Question 6: In a judicial review claim, the 'Statement of Facts and Grounds' must include:
- Full witness statements from all claimants
- A concise statement of the relevant facts, the decisions challenged, the grounds of challenge, and the remedies sought (Correct answer)
- A full history of correspondence with the defendant public body
- A list of all statutory instruments in force
Correct answer: A concise statement of the relevant facts, the decisions challenged, the grounds of challenge, and the remedies sought
The Statement of Facts and Grounds in a JR claim must identify the decision challenged, the factual background, the legal grounds (illegality, irrationality, procedural impropriety), and the relief sought.
BPTC Opinion Writing & Drafting 2
A 'prayer for relief' in civil pleadings should: