SQE2 Legal Writing 2 — Questions and Answers
Question 1: When drafting a witness statement for use in civil proceedings, what rules must be followed under Practice Direction 32?
- The statement can be in any format the witness prefers
- 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 (Correct answer)
- It should be drafted entirely by the solicitor without the witness's input
- It can include opinion evidence from any witness
Correct 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
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?
- An informal summary of the dispute
- A formal document that includes the claim form, particulars of claim, defence, and any counterclaim, setting out each party's case (Correct answer)
- A closing speech at trial
- A summary judgment application
Correct answer: A formal document that includes the claim form, particulars of claim, defence, and any counterclaim, setting out each party's case
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?
- A simple denial of all allegations without detail
- 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 (Correct answer)
- A counter-threat of litigation
- No response is necessary under any protocol
Correct 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
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?
- It is a casual settlement discussion with no formal consequences
- 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 (Correct answer)
- It is a request for summary judgment
- It is an offer that can only be made by claimants
Correct 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
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?
- It has no legal significance and is merely conventional
- It defines the scope of the parties' agreement by stating that the written contract represents the entire agreement, excluding prior negotiations and representations (Correct answer)
- It is only used in international contracts
- It automatically makes the contract enforceable
Correct answer: It defines the scope of the parties' agreement by stating that the written contract represents the entire agreement, excluding prior negotiations and representations
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.
Question 6: A solicitor needs to draft an urgent application notice under CPR Part 23. What essential elements must it contain?
- Only the name of the applicant
- The order sought, the legal basis for the application, and must be accompanied by evidence (if required) and a draft order (Correct answer)
- A full trial bundle
- Only a covering letter to the court
Correct answer: The order sought, the legal basis for the application, and must be accompanied by evidence (if required) and a draft order
An application notice under Part 23 must state what order is sought and why (the legal basis), identify the relevant CPR rule or Practice Direction, be supported by evidence (usually a witness statement) where required, and be accompanied by a draft order for the court's consideration.
SQE2 Legal Writing 2
When drafting a witness statement for use in civil proceedings, what rules must be followed under Practice Direction 32?