Drafting and Legal Writing
Drafting and Legal Writing tests whether you can produce a document that is legally sufficient, readable and procedurally correct. The exam rewards precision over length and structure over ornament.
Core rules
- Pleadings must state material facts, not the evidence by which they will be proved. Each element of the cause of action needs particulars.
- Claim forms and particulars must identify the parties, the basis of the claim, the remedy and the amount or how it is calculated.
- Defence documents must admit, deny or require proof of each allegation. A bare denial may be insufficient if the point needs explanation.
- Draft orders must be capable of enforcement: identify who does what, by when, and the consequence of breach.
- Skeleton arguments should identify the issues, the order sought, the legal framework and the application to the facts.
- Correspondence should be courteous, accurate and without admissions you cannot justify.
Worked example
A particulars of claim alleges that a builder 'failed to carry out works with reasonable skill and care' and claims £48,000. It does not identify the works, the defects, the contractual term or the loss. The document is vulnerable to a strike-out or particulars request. The repair is to plead the contract and term, the specific defects with dates and locations, the breach, causation, and a breakdown of loss. If the claim includes special damages, plead them specifically; do not leave the defendant guessing.
Traps
Pleading evidence instead of facts; failing to plead every element; inconsistent remedies; omitting interest or costs; drafting an order that lacks a deadline; making factual admissions in correspondence without instructions.
Key points
- Plead material facts and every element.
- Particularise breach, causation and loss.
- Use admit, deny or require proof in defences.
- Draft orders with actors, deadlines and consequences.
- Keep legal writing accurate and non-admissive.