Overview

Drafting is one of the most specialist and refined skills that must be mastered by those training for the Bar. Not only must a barrister be able to draft with absolute clarity and precision, but also use drafting skills effectively for persuasive and tactical purposes. One can only learn drafting skills through practice, but once the elements have been grasped, it becomes a transferable skill which can be used in the creation of many different legal documents. This manual takes the student barrister through a range of different types of draft, including all the major types required for general practice. The emphasis is, however, on pleadings, both because of their importance in civil litigation and because they provide the best foundation for the learning process. The book has been expanded from earlier editions, and now includes new chapters on interrogatories and orders. In addition, many other chapters have been rewritten with more explanation and precedents. Throughout the manual are a series of exercises designed to enable students to practise and discover further techniques not included in the examples. Although intended as a teaching manual for use on a Bar Vocational course, the manual has also been designed with the needs of the inexperienced practitioners and those who are teaching themselves in mind.

Full Product Details

Author:   Inns of Court School of Law
Publisher:   Oxford University Press
Imprint:   Blackstone Press Ltd
ISBN:  

9781854315717

ISBN 10:   1854315714
Pages:   284
Publication Date:   01 October 1996
Audience:   College/higher education ,  Postgraduate, Research & Scholarly
Replaced By:   9781854316752
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

Table of Contents

Introduction: what is drafting?; the aim of drafting; learning to draft; the objectives of the course; content of drafts and pleadings; the use of precedents; working on your draft; style. Part 1 The skill of drafting: the importance of skill; common misconceptions; the elements of the skill; practical issues. Part 2 Using and adapting precedents: importance of individual style; use of precedents; drawbacks of precedents; sources of precedents; how to find a precedent; how to adapt a precedent. Part 3 Principles and rules of pleading: what is a pleading; the purpose of pleadings; formal requirements (RSC O. 18, r. 6); contents of pleadings; particulars in pleadings (RSC O. 18, r. 12); matters which must be pleaded in pleadings subsequent to a statement of claim (RSC O. 18 r. 8(1)); admissions, denials etc, in defence (RSC O. 18, rr. 13 and 14); exercise 4. Part 4 Headings: Queen's Bench Division; Chancery Division; additional parties; counterclaim against additional party; points to note; exercise 5. Part 5 Rules for pleading interest, general indorsements and short-form special indorsements: rules for claiming interest; indorsing a writ (RSC O. 6., r. 2(1)); general indorsements; exercise 6A; exercise 6B; exercise 6C. Part 6 Basic statement of claim in tort and contract: the essence of a statement of claim; ingredients of a statement of claim; tort - negligence - ingredients; tort - negligence - basic formula; example; breach of contract - ingredients; breach of contract - basic formula; exercise 7A; exercise 7B; exercise 7C. Part 7 Basic defences in tort and contract. Part 8 Further statements of claim. Part 9 Further defences. Part 10 Misrepresentation. Part 11 Additional precedents for claims in tort. Part 12 Additional precedents. Part 13 Defence and counterclaim. Part 14 Reply and defence to counterclaim. Part 15 Third-party notices. Part 16 Further and better particulars. Part 17 Amendment of pleadings. Part 18 Interlocutory injunctions. Part 19 Affidavits. Part 20 Interrogatories. Part 21 Orders and judgments. Part 22 Indictments. Part 23 Criminal grounds for appeal. Part 24 Judicial review. Part 25 Basic originating summons. Part 26 Construction summonses. Part 27 Claims for breach of trust and recovery of trust property. Part 28 Assessment criteria.

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