Drafting is the preparation of any legal document. Documents such as contracts, statements, wills, trusts, judgements and particulars of claim are all drafted. There are no pre-defined rules beyond law and practice. Whilst it is possible to use precedents, it is strongly recommended to be familiar with the approach to avoid using the precedents in the wrong way. We draft in plain English, this is something that can present issues for lawyers who are describing complex legal issues.
When a claim form is filed, the court will provide a claim number. The claim number should appear along with the title of ‘proceedings’. The proceedings will also include the court where the claim is being proceeded, the names and also the status of the parties such as claimant or defendant etc.
Names of parties
When known we should use the full name with title. When a trading name is used, this will normally follow the name and preceded by ‘trading as’ or an abbreviation such as ‘t/a’. A person under 18 should be identified as a child. A dead person may be referred to as deceased.
Skeleton arguments
A skeleton argument is a summary of what you will say to the judge. It’s not designed to say everything that you will say to the judge but it should be strong and persuasive. Skeleton arguments are frequently used in pre-trial disputes for example, such as applications to exclude evidence. Skeleton arguments are literally the bones on which you will ‘hang the flesh of your argument’.
Typically a skeleton argument will set out the nature of the application, state what the case is about, set out the argument, assist the court in considering the order you require and identify exactly what you are asking the court to do.
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Legal English classes are provided by a British CELTA qualified teacher who is a qualified barrister in England and Wales.