BPTC Opinion Writing & Drafting 1

Question 1

What is the primary purpose of a barrister's written opinion?

Accepted Answer

To provide an independent, objective assessment of the legal merits and advise on the best course of action

Answer

A written opinion is advisory — it gives the client and solicitor the barrister's honest assessment of the law and facts, including weaknesses, so informed decisions can be made.

Question 2

Which part of a statement of case sets out the facts relied on by the claimant?

Accepted Answer

The particulars of claim

Answer

The particulars of claim are the claimant's primary pleading, setting out the facts on which the claim is based and the legal cause of action.

Question 3

When drafting an indictment, each count must contain:

Accepted Answer

A statement of the offence and particulars of the offence disclosing essential facts

Answer

Each count in an indictment must have a statement of the offence (naming the crime and statute) and particulars giving enough detail to identify the specific conduct alleged.

Question 4

What is the function of a 'skeleton argument' in appellate proceedings?

Accepted Answer

To summarise the key submissions, citing relevant authorities, so the judge can prepare before the hearing

Answer

A skeleton argument is a concise written document setting out the main legal arguments and key authorities so the court can pre-read and the oral hearing can focus on the most contentious issues.

Question 5

In drafting a defence to a claim, which matters must be expressly denied?

Accepted Answer

Every allegation of fact in the particulars of claim that is not admitted — a failure to deal with an allegation may be taken as admission

Answer

CPR r.16.5 requires a defendant to deal with every allegation in the particulars of claim; unaddressed allegations may be treated as admissions.

BPTC Practice Test

BPTC Practice Test

BPTC Opinion Writing & Drafting 1