Bar Professional Training Course (BPTC) Drafting and Opinion Writing Syllabus

Drafting and Opinion Writing syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Drafting and Opinion Writing in Bar Professional Training Course (BPTC), not a summary of it.

1. 1

   Principles of Legal Drafting

   3 topics

   • Purpose and audience of drafted documents
   • Clarity, precision and plain English
     • Avoiding ambiguity and surplus language
   • Structure and house style conventions
2. 2

   Drafting Statements of Case

   3 topics

   • Particulars of claim
     • Pleading the cause of action and material facts
     • Claiming relief and special damages
   • Defences and counterclaims
     • Admissions, denials and non-admissions
   • Replies and further information
3. 3

   Other Drafting Tasks

   3 topics

   • Drafting applications and orders
   • Witness statements and affidavits
   • Schedules of loss and skeleton arguments
4. 4

   Opinion Writing

   3 topics

   • Analysing the client's problem
     • Identifying the legal and factual issues
     • Assessing the evidence and the merits
   • Structuring a written opinion
     • Giving clear advice and reasoned conclusions
     • Advising on next steps and further evidence
   • Reasoning and use of authority

Drafting and Opinion Writing flashcards for Bar Professional Training Course (BPTC)

20 of 50 cards from the Drafting and Opinion Writing deck — real questions with worked answers.

1. What are the two fundamental questions a barrister must ask before drafting any document?

   What is the purpose of the document (what is it intended to achieve), and who is its audience (who will read it)? The purpose and audience together govern the content, tone, length and structure of the draft.

2. Why is identifying the audience essential to good drafting?

   The audience determines the appropriate level of detail, technicality and tone. A statement of case is read by the court and the opponent (so it must be precise and formal), whereas advice to a lay client must be accessible and jargon-free.

3. Distinguish a 'statement of case' from an 'opinion' in terms of purpose.

   A statement of case (e.g. particulars of claim, defence) is a formal court document that defines the issues between parties. An opinion is advisory: it analyses the client's problem and advises on merits, evidence and prospects.

4. What is meant by 'plain English' in legal drafting?

   Plain English means writing clearly and simply so the intended reader can understand it on first reading: short sentences, everyday words instead of jargon or Latin, the active voice, and no unnecessary words.

5. List four hallmarks of clarity and precision in a legal draft.

   (1) Each sentence makes one point; (2) words are used consistently to mean the same thing throughout; (3) the active voice and concrete subjects are used; (4) ambiguity is removed so the document bears only one meaning.

6. Why does precise drafting prefer using the same word for the same concept throughout a document?

   Because varying the word (elegant variation) suggests a change of meaning. Using one consistent term for one concept removes ambiguity and prevents the reader from inferring an unintended distinction.

7. In drafting, what is the danger of the passive voice and how is it avoided?

   The passive voice can hide who did what (e.g. 'the contract was breached'), creating ambiguity about the actor. It is avoided by using the active voice with a named subject (e.g. 'the Defendant breached the contract').

8. What is 'house style' in the context of drafting?

   House style refers to the established conventions of presentation a chambers or court expects: layout, numbering, headings, capitalisation of defined parties, font, and formatting of dates, sums and document references for consistency and professionalism.

9. How are the parties conventionally referred to in a statement of case?

   By their procedural status, capitalised and defined: 'the Claimant' and 'the Defendant' (or 'the First Defendant', 'the Second Defendant'). The full name is given once at the heading, then the defined label is used throughout.

10. What is the conventional way to set out numbered paragraphs in a statement of case?

    Each allegation is set out in a separate, consecutively numbered paragraph (and sub-paragraphs where helpful), each dealing with a distinct point, so the document can be answered paragraph by paragraph.

11. What is a 'statement of truth' and where does it appear?

    A statement of truth is a signed declaration that the party believes the facts stated in the document are true. It appears at the end of statements of case, witness statements and other specified documents, and is required under CPR Part 22.

12. What is the wording and consequence of a false statement of truth?

    It confirms that the maker believes the stated facts are true. Making a false statement without an honest belief in its truth may give rise to proceedings for contempt of court under CPR 32.14.

13. Define 'particulars of claim'.

    The particulars of claim is the claimant's statement of case setting out the facts relied on to establish the cause of action, the legal basis of the claim, and the remedy sought, so the defendant knows the case to be met.

14. What three essential ingredients must every set of particulars of claim establish?

    (1) The existence of a legal right/duty (the cause of action), (2) the facts showing the defendant breached or infringed it, and (3) the loss or damage suffered entitling the claimant to a remedy.

15. Under the CPR, what must particulars of claim include if interest is claimed?

    A statement that interest is claimed, the basis of the claim (contractual, statutory under s.35A Senior Courts Act 1981, or otherwise), the rate, the period, and, for a specified sum, the total amount of interest and the daily rate accruing (CPR 16.4).

16. In a contract claim, what core facts must the particulars of claim plead?

    The making of the contract (date, parties, whether written/oral, consideration), its material terms (express or implied), the term breached, the facts constituting the breach, and the loss flowing from the breach.

17. In a negligence claim, what core matters must the particulars of claim plead?

    The existence of a duty of care owed to the claimant, the facts giving rise to it, the particulars of breach (specific negligent acts/omissions), causation, and the particulars of the loss and damage suffered.

18. Distinguish 'material facts' from 'evidence' in a statement of case.

    A statement of case pleads only the material facts necessary to establish the cause of action (the 'what'), not the evidence by which those facts will be proved (the 'how'). Evidence belongs in witness statements, not pleadings.

19. What is a 'defence' in civil procedure?

    A defence is the defendant's statement of case responding to the particulars of claim, in which the defendant must state which allegations are admitted, which are denied (with reasons), and which are not admitted (requiring proof).

20. Under CPR 16.5, what are the three possible responses to each allegation in a defence?

    (1) Admit the allegation; (2) deny it (giving reasons and the defendant's own version); or (3) require the claimant to prove it ('neither admit nor deny' / non-admission). Anything not dealt with is taken to be admitted (subject to exceptions).

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