Drafting:
Main page:Preface,Analysis and Planning
of the page
Extract 1 : Presenting the case
in the best promising way with the effectual lingo
Extract 2 : Essentials of argue,
defence and counterclaim
Extract 3 : Respond and justification to counterclaims
Extract 4 : Part 20 claims and Witness statement
Preface,Analysis and Planning of the case:
Introduction:
This section deals with the skill of drafting various
legal documents. It in now way attempts to cover all the
documents that you are likely to encounter should you partake
in a career at the Bar, but rather gives examples of the
main documents that you are likely to be asked to draft
on the BVC. Any action begins with drafting. Therefore the
skill is instrumental in setting a high initial standard.
There are three areas to focus on. Firstly the thorough
analysis and planning of the case, secondly the use of ones
judgement to present the case the best possible way, and
finally, the tying up of this through the effective use
of language.
The last section will turn to an overview of the forms
covered and some practical examples of each document. The
documents that we are going to cover are the Particulars
of Claim, Defence, Counterclaim, Reply, Defence to Counterclaim,
Part 20 Forms, and Witness Statements. For advice on drafting
Skeleton arguments and
Injunctions please refer to the advocacy section of this
Manual.
Analysis
and Planning of the Case:
Thorough preparation of the facts of the case
and the surrounding law is instrumental. It is certainly
recommended that the facts of the case are read over at
least three times, as it is a common mistake to overlook
essential issues of the case even on a second reading. Without
ascertaining the correct facts of the case and the relevant
legal issues, a good piece of drafting is nigh on impossible.
However, the amount of legal research is not ordinarily
going to be great. Often the basic principles of the law
as will obviate themselves after a through checking of the
facts. You should then be in a position to consider a cause
of action or defence and indeed maybe even several causes
of action or defences.
Main page:Preface,Analysis and Planning of the page
Extract 1 : Presenting
the case in the best promising way with the effectual lingo
Extract 2 : Essentials
of argue, defence and counterclaim
Extract 3 : Respond
and justification to counterclaims
Extract 4 : Part
20 claims and Witness statement
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