1

Drafting Statements of Case

1.1

Case Analysis

1.2

Legal research

1.3

Recording the fruits of this work

1.4

Exercises

1.5

Precedents

1.6

Pleading skills

1.7

Ethics

1.8

Statements of truth

1.9

Rules applying to all statements of case

2

Claim form

2.1

Part 7 or Part 8?

2.2

Part 7 Claim Form - Formal Requirements

2.2.1

Contents of Part 7 Claim Form

2.2.2

Claim Form and Particulars of Claim

2.2.3

Details relating to the Claimant

2.2.4

Details relating to the Defendant

2.2.5

Statement of Value - Money Claims Generally

2.2.6

Statement of Value - Money Claims in the High Court

2.2.7

Statement of Value - Money Claims - Personal Injuries

2.2.8

Statement of Value - Money Claims - What to include in the figure

2.2.9

Statement of Truth

2.2.10

Claim Form to be served, without permission, out of the Jurisdiction

2.2.11

Sample Claim Form

3

Drafting Particulars of Claim

3.1

How should you express yourself?

3.2

How much detail?

3.3

Embarrassing pleading

3.4

Particulars

3.5

Format

3.6

Formalities for Particulars of Claim

3.7

Structuring Exercise

4

Defences and later statements of case

4.1

Introduction

4.2

Failing to Deal with an Allegation

4.3

General approach to drafting a defence

4.4

Good Practice

4.5

Pregnant negatives

4.6

Useful Phrases for Drafting Defences

4.7

Disputing Claimant’s Statement of Value

4.8

Formalities

4.9

Statement of Truth

4.10

Defence of Set Off

4.11

Limitation

4.12

Tender before action

4.13

Counterclaims

4.14

Reply and defence to counterclaim

4.14.2

Function of a Reply

4.14.3

Statement of Truth

4.14.4

Defence to Counterclaim

4.14.5

Subsequent statements of case

5

Witness Statements

5.1

Introduction

5.1.1

Making sure witness statements are complete

5.1.2

Making sure you are not criticised by the judge

5.2

Planning the witness interview

5.2.1

Planning check list

5.2.2

Scope the interview

5.2.3

Prepare an agenda

5.2.4

Tell the witness what to do in advance

5.2.5

Prepare the witness bundle

5.2.6

Consider what other documents are needed

5.2.7

Structure the witness statement

5.3

Practical arrangements

5.4

Proof of evidence

5.5

Exhibits

5.5.1

Witness statements for interlocutory hearings

5.5.2

Witness statements for trial

5.6

Waiver of privilege

5.6.1

Lawyer’s authority to waive privilege

5.6.2

Methods of waiving privilege

5.6.3

Reference to privileged document in witness statement

5.6.4

References in correspondence

5.6.5

Extent of waiver

5.6.6

Purpose of rule against cherry picking

5.6.7

Waiver for restricted purposes

5.7

Professional conduct

5.7.1

Putting forward a known untruth

5.7.2

Duty to check the truth

5.7.3

Duty to include the whole truth?

5.7.4

Rehearsing, practising and coaching witnesses

5.7.5

Collaboration between witnesses

5.7.6

No property in a witness

5.7.7

Advising a witness not to speak to the other side

5.7.8

Speaking to witnesses who are still on oath

5.7.9

Conditional payments to witnesses

5.8

Questioning techniques

5.8.1

Objectives of witness interview

5.8.2

Legitimate purpose for questions

5.8.3

Style of questions

5.9

Formalities

5.9.1

Generally

5.9.2

Witnesses who cannot read or sign

5.9.3

Witness statements in a foreign language

5.9.4

Defective witness statements - trial or other hearings

5.10

Procedural matters

5.10.1

How to prove evidence of witnesses

5.10.2

Witness statements generally

5.10.3

Witness statements for use at trial

5.10.4

The witness gives oral evidence

5.10.5

Evidence by video link

5.10.6

The party calling the witness puts the statement in as hearsay

5.10.7

The other party puts the statement in as hearsay

5.10.8

Consequence of failing to serve a witness statement for use at trial

5.10.9

Witness statements for use at hearings other than at trial

5.10.10

Trial - where no witness statement can be obtained

5.10.11

Giving evidence

5.11

The status of witness statements

5.12

Specimen witness statement