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LPC Law Notes Civil Litigation Notes

Drafting A Particulars Of Claim Notes

Updated Drafting A Particulars Of Claim Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

The following is a more accessible plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

NOTE:

  • There must be a duty, breach, causation, loss element to every part of the claim. This is crucially important and where most of the marks will be.

  • Do it in order:

    • Duty, Breach, Causation Loss

    • Precedent (i.e. statement of truth, pre-action conduct, loss, interest claim

    • Minor corrections (i.e. dates, names, figures)

(ensure claim number correct)

IN THE CENTRAL LONDON HIGH COURT (get court right; High/County Court?)

B E T W E E N

GREEN INVESTMENTS PLC (make sure correct)

Ensure in the right order: - Claimant (or claimants)

-and-

[here, either put name of each partner or company name and (the ‘Firm’)

(1) TOM JONES

(2) SIMON JONES etc.

Ensure in the right order: - Defendant (or defendants)

_______________________

PARTICULARS OF CLAIM

(not Statement of Case)

_______________________

  1. At all material times the First Defendant (or just ‘Defendant’ if suing firm) was a [Position of Defendant] in a [type of company] known as [name of company].

  2. On 27 April 2011 (numbers and dates in figures not words) the Claimant (capitalised) entered into a contract with the Defendant for the supply of consultancy services.

Go on to describe events… Ensure they are correct, the figures are correct.

Be sure to establish:

  • Duty

    • “It was an implied term of the Retainer that in acting for the Claimant, the First Defendant would exercise the care and skill to be expected from a reasonably competent [position of Defendant]. Further or alternatively, the First Defendant owed a like duty at Common Law”.

  • Breach

    • Paragraph [x] – “In providing advice to the Claimant, the First Defendant:

Particulars of Breach

  • Paragraph [x.i] – The product was [X]…

  • Paragraph [x.ii] – Failed to advise…”

  • Paragraph [y] – “Given the paragraphs [x.i] to [x.ii] inclusive, the Defendants are in breach of the implied terms and/or in breach of the said duty at common law that they owed to the Claimant in that they did not exercise the care and skill reasonably to be expected from [position of Defendant]”.

  • Causation

    • Example 1: “Had the First Defendant correctly advised the Claimant, it would not have [did whatever it did]. Further it would not have [did the second thing it did]. Accordingly, the Claimant has suffered loss amounting to the costs of [x] from the...

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