SQE2 Legal Writing 2

Question 1

When drafting a witness statement for use in civil proceedings, what rules must be followed under Practice Direction 32?

Accepted Answer

It must be in the witness's own words, contain a statement of truth, be in the first person, and deal with matters of fact within the witness's knowledge

Answer

Under PD 32, a witness statement must be in the witness's own language, written in the first person, contain only facts within the witness's personal knowledge, include a statement of truth, and be signed by the witness. It should not contain argument or opinion (unless from an expert).

Question 2

What is a statement of case under the Civil Procedure Rules?

Accepted Answer

A formal document that includes the claim form, particulars of claim, defence, and any counterclaim, setting out each party's case

Answer

Statements of case (formerly 'pleadings') are the formal documents that define the issues in dispute. They include the claim form, particulars of claim, defence, any counterclaim, reply to defence, and any additional claims under CPR Part 20.

Question 3

When responding to a letter of claim on behalf of a defendant, what should the response include?

Accepted Answer

An acknowledgment of the letter, the defendant's version of events, which allegations are admitted or denied, and any additional points the defendant wishes to raise

Answer

A proper response to a letter of claim should acknowledge receipt, set out the defendant's account of events, clearly state which allegations are admitted, denied, or neither admitted nor denied, and raise any additional points. This complies with pre-action protocol requirements.

Question 4

What is the purpose of a Part 36 offer in civil litigation, and how should it be drafted?

Accepted Answer

It is a formal written offer to settle under CPR Part 36 that carries specific costs consequences if not beaten at trial, and must comply with the formal requirements of Part 36

Answer

A Part 36 offer is a formal settlement offer with significant costs consequences. It must be in writing, state it is made under Part 36, specify a period of at least 21 days for acceptance, and state whether it relates to the whole or part of the claim. If not beaten at trial, adverse costs orders follow.

Question 5

When drafting a contract, what is the importance of a 'boilerplate' clause such as an entire agreement clause?

Accepted Answer

It defines the scope of the parties' agreement by stating that the written contract represents the entire agreement, excluding prior negotiations and representations

Answer

An entire agreement clause confirms that the written document constitutes the complete agreement between the parties, excluding prior negotiations, representations, and understandings. It provides certainty and limits claims based on pre-contractual statements.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Legal Writing 2