Authors: Douglas Ewen, Tim Smith
Published: 14 June 2023
Pages: 56

Introduction

The purpose of this seminar is to help you write better court documents, with a particular focus on pleadings – statements of claim, statements of defence, counterclaims and replies.

The seminar is designed to be very practical. There are not many references to cases. Instead, we focus on basic principles that are relevant to all court documents, then apply those principles to common court documents. We also discuss some specific issues that crop up often when writing those common court documents. There are case studies for discussion. You will get more out of the seminar if you read the whole of this booklet before coming to the seminar, give some preliminary thought to each of the case studies, prepare a first draft of the statement of claim in case study one, and a draft statement of defence for case study two.
 

Content outline

• Basic principles
• General requirements in relation to pleadings
• The so-called rules against pleading … law
• The so-called rules against pleading … evidence
• Statements of claim
• Statements of defence
• Other pleadings
• Originating applications
• Interlocutory applications
• Notices of opposition
• Notices of appeal
• Case studies for discussion