BPTC Opinion Writing & Drafting 2

Question 1

A 'prayer for relief' in civil pleadings should:

Accepted Answer

Set out precisely the remedy or remedies the claimant seeks from the court

Answer

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?

Accepted 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

Answer

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:

Accepted Answer

The defendant, the date and place of the alleged offence, and the specific offence charged

Answer

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?

Accepted 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

Answer

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?

Accepted Answer

Liability, quantum, procedural steps required, and a clear recommendation as to next steps

Answer

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.

BPTC Practice Test

BPTC Practice Test

BPTC Opinion Writing & Drafting 2