Workshop 1 – Drafting
Case analysis and legal research. Not marked on legal research, just final product of
what you have drafted.
The Assessment
The drafting assessment will be a supervised timed assessment of 3 hours. You will be
required to draft a statement of case.
You may use the following during the assessment:
a. One lever arch file of selected material of your choice.
b. A hard copy of the Drafting Manual provided to you by BPP Law School.
c. A hard copy of the White Book.
d. A non-programmable calculator without a cover.
e. Pens/pencils and (as provided by BPP) blank paper.
f. A blank Word document on your laptop on which you should type your answer.
Prior to this, there is a drafting formative assessment. This will be marked by a tutor and
feedback given to help you to develop your drafting skill ahead of the summative assessment.
Fatal Flaw
You can still fail the written skills assessments if it is found that you have committed a “fatal
flaw”, even if you would otherwise have gained sufficient marks in order to pass.
A fatal flaw could be, but is not limited to:
• A significant and grave error of law or procedure.
• An error in legal or case analysis that is so clearly incorrect that it would put the
interests of the client(s) at risk.
• An error in legal or case analysis that is so clearly incorrect that it puts the barrister at
risk of liability for negligence or a disciplinary finding.
More assessment guidance:
Lots of ways to do it / not one draft will be the same. Its about the content.
Know which document we r drafting e.g. particulars of claim
Range of statutes, names not section numbers
Brief – facts of what’s happened (you’ll only know what type of claim it is)
3 hours
Folder of any papers you want to bring e.g. examples of statements of case, statutes,
printouts of textbook, can’t access Google / Westlaw, only the blank word document.
You can print out Westlaw / Lexus though however.
Overall percentages of what they’re looking for: (refer to rubric for more detail)
Achieves overall objectives 10%
Quality of writing 20%
Structure / layout 20%
Formalities / procedure 10%
Content 40%
, 1. Have you identified for any loss that could be covered. Have u mentioned
everything you needed to. Case analysis / legal research. Have u referred to the
correct case law. Have u included the relevant facts and limited irrelevant
material. Have u pleaded correctly.
2. Is statement of truth correct. Is heading referring to the correct court.
ment rubric
Drafting assessment rubric
(10%)
e/persuasive statement of case; going as far as they reasonably can to achieve client’s objectives.
Fail Merit Distinction Distinction
0-59% 60-69% (Lower range) (Higher range)
70-84% 85-100%
The statement of case is not The statement of case is sustainable The statement of case is well The statement of case is highly
sustainable. This may be in that it contains all necessary facts drafted. Overall, it states the client’s effective and persuasively
characterised by the following: to make out an arguable case. Some case effectively and is reasonably pleaded.
matters could have been pleaded persuasive. Slight revision in the
(1) it does not contain the facts more persuasively (for example, by manner in which facts are pleaded
necessary to make out a inclusion/omission of particular facts) or the order in which they are set out
properly arguable case; and/or the arguments advanced would improve persuasiveness
(2) facts are not pleaded in the could have been pitched better. further.
appropriate part of the
statement of case, meaning the
draft is ineffective and/or would
be detrimental to the client’s
best interests.
Layout of how to figure out causation
- What’s the cause of action?
- What are the elements of the cause of action?
= establishing causation, (4 causes, loss of damage etc.)
- Work out what the issues are in the case? E.g. what are the claims that
the other party will dispute. (which will be the issues in the case)
- Any other cause of action, does not need to be included.
Succinct, needs to only include some details that are relevant. Not everything from the
brief.
Breach of Contract - Consumer Rights Act 2015 (look at PDF document of Re Mediorg Ltd Brief
1. What is the client’s case: (factual information) what happened in the case?
Mediorg has entered into a contract, and the item is defective when she received
an item. It is not working without the software update necessary. In the contract,
, it stated that there needs to be an update for the software, but she bought it
regardless, as they said that they will update it. However, they did not update it,
which made the software break. (not mentioned in the contract).
2. What is the cause of action? (legal cause of action) applying the law.
Cause of action: could either tort or contract for this contract.
This is breach of contract.
What are the elements of the cause of action: (legal research)
- There has to be a valid legally binding contract
- Express
- Implied terms – (chitty on contract (textbook) will be helpful to include in draft. Just a chapter of it.
- Performance (what happened in between entering the contract and then the breach)
- Breach
- Loss / damage
- Causation (the breach caused the loss / damage occurred)
= if you miss one of these out, the claim fails, and you haven’t acted in the best
interest of your client.
What are the defendants likely to respond:
We did not breach anything as, we still did give u the product. Its your fault for not
downloading a vpn.
Mediorg paid 30k for the product, however she had damages of 100k. It says in the
contract that they will pay out the amount the item costs, which may show they wont
claim liability.
Damages may be limited. DON’T ARGUE POINTS FOR CLIENT ONLY ARGUE WHATS
BEING ASKED. Yes ethically its bad, limitation, unfair contract, but all that does not
matter for now.
They will rely on clause 7, but we let them defend that first, before we bring it forward.
Before u say it is unfair, u let the defence mention clause 7, if they don’t, then possibly
mediorg gets the full pay, even though its in the contract that they said no. They might
forget that, don’t assume they know each terms they have.
Who should be the parties to claim? (who’s the contract between?) who physically
entered into the contract?
Claimant - Mediorg and defendant - Moura ltd. (you say the company name, not the
individual name)
In which court should the claim be issued?
County court / high court. Just over the amount, and not a very complex case.
Sometimes the answer to this is in the practice materials.
Which sections of the CPR are relevant?
CPR 16 – Statements of case (s16.4). when dealing with a contract claim, a copy of the
contract needs to be attached with the claim.
, - If its a contract claim, you only attach the contract, for statements of
case. Everything else such as the witness statement, photos, everything
else, you attach afterwards. Statements on case is brief, so just put
forward the facts, and contract, nothing else!
Where to find things in the library:
BPP library (law tab, then legal research) or (online resources, then law)
Westlaw
Lexus
Books
Drafting textbook
Atkins – sometimes can be too specific if the case isn’t complex, it may be confusing to use. Can go into it through Lexus.
(They don’t care about what materials you use, just the law.)
Printing a chapter of the relevant Westlaw and putting it in your binder would be useful,
once you know what the claim is about, a week before the exam.
An implied term is a term that hasn't been agreed expressly by either party, but that has
been implied by the other terms of the contract.
Express term is a term of the contract between you and the other party, which is clear,
unambiguous, and agreed upon.
Particulars of claim tips:
When drafting a defence, there is a claim number. When there is a particulars of claim,
it hasn’t got to trial yet, so there shouldn’t be a claim number. Don’t make one up.
Never use abbreviations, like abbreviate a company. Or use legal names of parties. Only
say the ‘the defendant’, or ‘the claimant’.
Only brief summary of the case, not irrelevant things. Don’t set out every term in
contract. Make it succinct.
Make sure the interest section and normal claim, matches up with the same court. You
can’t claim interest at a different court than the actual claim itself.
Don’t ever sign the statement of truth with barrister. It can either be solicitor (full name)
or the client. If it’s an individual say, ‘I am duly authorised….’. if it’s a company, say ‘the
company is duly authorised…’.
New page for each document doesn’t really matter. So having statement of case amidst
the case facts, doesn’t matter!
‘and the claimant claims’ ‘what to claim e.g. damages’ shouldn’t have a separate
paragraph number. They also shouldn’t be in separate paragraphs. Put them both
together in a paragraph, but don’t give them a paragraph number!
Case analysis and legal research. Not marked on legal research, just final product of
what you have drafted.
The Assessment
The drafting assessment will be a supervised timed assessment of 3 hours. You will be
required to draft a statement of case.
You may use the following during the assessment:
a. One lever arch file of selected material of your choice.
b. A hard copy of the Drafting Manual provided to you by BPP Law School.
c. A hard copy of the White Book.
d. A non-programmable calculator without a cover.
e. Pens/pencils and (as provided by BPP) blank paper.
f. A blank Word document on your laptop on which you should type your answer.
Prior to this, there is a drafting formative assessment. This will be marked by a tutor and
feedback given to help you to develop your drafting skill ahead of the summative assessment.
Fatal Flaw
You can still fail the written skills assessments if it is found that you have committed a “fatal
flaw”, even if you would otherwise have gained sufficient marks in order to pass.
A fatal flaw could be, but is not limited to:
• A significant and grave error of law or procedure.
• An error in legal or case analysis that is so clearly incorrect that it would put the
interests of the client(s) at risk.
• An error in legal or case analysis that is so clearly incorrect that it puts the barrister at
risk of liability for negligence or a disciplinary finding.
More assessment guidance:
Lots of ways to do it / not one draft will be the same. Its about the content.
Know which document we r drafting e.g. particulars of claim
Range of statutes, names not section numbers
Brief – facts of what’s happened (you’ll only know what type of claim it is)
3 hours
Folder of any papers you want to bring e.g. examples of statements of case, statutes,
printouts of textbook, can’t access Google / Westlaw, only the blank word document.
You can print out Westlaw / Lexus though however.
Overall percentages of what they’re looking for: (refer to rubric for more detail)
Achieves overall objectives 10%
Quality of writing 20%
Structure / layout 20%
Formalities / procedure 10%
Content 40%
, 1. Have you identified for any loss that could be covered. Have u mentioned
everything you needed to. Case analysis / legal research. Have u referred to the
correct case law. Have u included the relevant facts and limited irrelevant
material. Have u pleaded correctly.
2. Is statement of truth correct. Is heading referring to the correct court.
ment rubric
Drafting assessment rubric
(10%)
e/persuasive statement of case; going as far as they reasonably can to achieve client’s objectives.
Fail Merit Distinction Distinction
0-59% 60-69% (Lower range) (Higher range)
70-84% 85-100%
The statement of case is not The statement of case is sustainable The statement of case is well The statement of case is highly
sustainable. This may be in that it contains all necessary facts drafted. Overall, it states the client’s effective and persuasively
characterised by the following: to make out an arguable case. Some case effectively and is reasonably pleaded.
matters could have been pleaded persuasive. Slight revision in the
(1) it does not contain the facts more persuasively (for example, by manner in which facts are pleaded
necessary to make out a inclusion/omission of particular facts) or the order in which they are set out
properly arguable case; and/or the arguments advanced would improve persuasiveness
(2) facts are not pleaded in the could have been pitched better. further.
appropriate part of the
statement of case, meaning the
draft is ineffective and/or would
be detrimental to the client’s
best interests.
Layout of how to figure out causation
- What’s the cause of action?
- What are the elements of the cause of action?
= establishing causation, (4 causes, loss of damage etc.)
- Work out what the issues are in the case? E.g. what are the claims that
the other party will dispute. (which will be the issues in the case)
- Any other cause of action, does not need to be included.
Succinct, needs to only include some details that are relevant. Not everything from the
brief.
Breach of Contract - Consumer Rights Act 2015 (look at PDF document of Re Mediorg Ltd Brief
1. What is the client’s case: (factual information) what happened in the case?
Mediorg has entered into a contract, and the item is defective when she received
an item. It is not working without the software update necessary. In the contract,
, it stated that there needs to be an update for the software, but she bought it
regardless, as they said that they will update it. However, they did not update it,
which made the software break. (not mentioned in the contract).
2. What is the cause of action? (legal cause of action) applying the law.
Cause of action: could either tort or contract for this contract.
This is breach of contract.
What are the elements of the cause of action: (legal research)
- There has to be a valid legally binding contract
- Express
- Implied terms – (chitty on contract (textbook) will be helpful to include in draft. Just a chapter of it.
- Performance (what happened in between entering the contract and then the breach)
- Breach
- Loss / damage
- Causation (the breach caused the loss / damage occurred)
= if you miss one of these out, the claim fails, and you haven’t acted in the best
interest of your client.
What are the defendants likely to respond:
We did not breach anything as, we still did give u the product. Its your fault for not
downloading a vpn.
Mediorg paid 30k for the product, however she had damages of 100k. It says in the
contract that they will pay out the amount the item costs, which may show they wont
claim liability.
Damages may be limited. DON’T ARGUE POINTS FOR CLIENT ONLY ARGUE WHATS
BEING ASKED. Yes ethically its bad, limitation, unfair contract, but all that does not
matter for now.
They will rely on clause 7, but we let them defend that first, before we bring it forward.
Before u say it is unfair, u let the defence mention clause 7, if they don’t, then possibly
mediorg gets the full pay, even though its in the contract that they said no. They might
forget that, don’t assume they know each terms they have.
Who should be the parties to claim? (who’s the contract between?) who physically
entered into the contract?
Claimant - Mediorg and defendant - Moura ltd. (you say the company name, not the
individual name)
In which court should the claim be issued?
County court / high court. Just over the amount, and not a very complex case.
Sometimes the answer to this is in the practice materials.
Which sections of the CPR are relevant?
CPR 16 – Statements of case (s16.4). when dealing with a contract claim, a copy of the
contract needs to be attached with the claim.
, - If its a contract claim, you only attach the contract, for statements of
case. Everything else such as the witness statement, photos, everything
else, you attach afterwards. Statements on case is brief, so just put
forward the facts, and contract, nothing else!
Where to find things in the library:
BPP library (law tab, then legal research) or (online resources, then law)
Westlaw
Lexus
Books
Drafting textbook
Atkins – sometimes can be too specific if the case isn’t complex, it may be confusing to use. Can go into it through Lexus.
(They don’t care about what materials you use, just the law.)
Printing a chapter of the relevant Westlaw and putting it in your binder would be useful,
once you know what the claim is about, a week before the exam.
An implied term is a term that hasn't been agreed expressly by either party, but that has
been implied by the other terms of the contract.
Express term is a term of the contract between you and the other party, which is clear,
unambiguous, and agreed upon.
Particulars of claim tips:
When drafting a defence, there is a claim number. When there is a particulars of claim,
it hasn’t got to trial yet, so there shouldn’t be a claim number. Don’t make one up.
Never use abbreviations, like abbreviate a company. Or use legal names of parties. Only
say the ‘the defendant’, or ‘the claimant’.
Only brief summary of the case, not irrelevant things. Don’t set out every term in
contract. Make it succinct.
Make sure the interest section and normal claim, matches up with the same court. You
can’t claim interest at a different court than the actual claim itself.
Don’t ever sign the statement of truth with barrister. It can either be solicitor (full name)
or the client. If it’s an individual say, ‘I am duly authorised….’. if it’s a company, say ‘the
company is duly authorised…’.
New page for each document doesn’t really matter. So having statement of case amidst
the case facts, doesn’t matter!
‘and the claimant claims’ ‘what to claim e.g. damages’ shouldn’t have a separate
paragraph number. They also shouldn’t be in separate paragraphs. Put them both
together in a paragraph, but don’t give them a paragraph number!
