Learning Outcomes
By reading this article, you will know how to structure and draft procedural documents, formal orders, and pleadings for the SQE2 exam. You’ll be able to identify the roles of each document, recall formatting requirements, define essential elements such as particulars and the statement of truth, and apply rules specific to claim forms, defences, and court orders. You will also understand common exam pitfalls in legal document composition and how to avoid them.
SQE2 Syllabus
For SQE2, you are required to understand the composition, content, and format of procedural documents in litigation. While revising, focus especially on:
- The structure and main content of a claim form, particulars of claim, defence, and reply.
- The function and drafting of statements of truth.
- The ordering and layout of pleadings and procedural applications.
- The requirements for drafting, formatting, and using formal court orders.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
- What are three essential sections of a particulars of claim for a claim in breach of contract?
- Which of these must be included in every pleading served on the court in civil litigation: statements of case, statement of truth, particulars of loss, or all of them?
- If a defendant fails to respond to an allegation in the particulars of claim, what is the usual consequence according to the Civil Procedure Rules?
- When is it necessary to draft a formal court order following a substantive application? Who is typically responsible for drafting it?
Introduction
Procedural documents play a central role in all areas of litigation. For SQE2, you must be able to structure, draft, and review core documents: statements of case (pleadings), claim forms, defences, replies, and formal court orders. Each must meet strict format and content requirements and be tailored for the court, with clarity, accuracy, and compliance with the CPR.
Key Term: statement of case
A statement of case is any formal pleading or document setting out a party’s case for the court: claim form, particulars of claim, defence, reply, and counterclaim.
The Structure of Procedural Documents
A procedural document communicates your client’s position to the court and the other side, whether initiating a claim, responding, or requesting an order. The structure and presentation are strictly regulated. Failure to comply affects admissibility, clarity, and the outcome.
The Claim Form
Most actions begin with a claim form. In civil litigation, this is governed by Part 7 of the CPR.
Key Term: claim form
The claim form is the initiating document for a civil claim. It states the parties, the nature of the claim, the remedy sought, and concisely identifies the factual basis and legal basis of the claim.
The claim form requires:
- Full names and addresses of the parties.
- The court name and claim number.
- Brief details of the claim.
- The contents must be clear and concise.
Particulars of Claim
Particulars expand on the claim form. They set out the facts in detail required to establish the legal claim.
Key Term: particulars of claim
The particulars of claim provide a clear, logical account of the facts giving rise to the claim, linking them to the legal elements and remedy.
Essential sections for a breach of contract claim include:
- Facts: What the contract was, how it was breached.
- Loss: What damage was suffered.
- Remedy: The relief claimed.
A logical sequence and numbered paragraphs are essential. If the money claim is for a specified sum, calculations and interest must be included. Each allegation that requires particularisation, such as fraud or negligence, must be clearly set out.
Defence
The defence is the defendant’s opportunity to admit, deny, or require proof of each allegation.
Key Term: defence
The defence is a statement of case responding to each allegation in the particulars of claim. Every allegation must be admitted, denied (with reasons), or further information requested.
Allegations not dealt with are deemed admitted, except as to quantum. Reasons for denials must be supplied. New facts must be pleaded where appropriate to support any positive defence, such as limitation or set-off.
Statement of Truth
All statements of case filed at court must be verified by a statement of truth.
Key Term: statement of truth
A statement of truth is a declaration at the end of a pleading, signed by the party (or their legal representative), confirming that the facts are true.
The usual form reads:
"I believe that the facts stated in this [name of pleading] are true."
The absence or defectiveness of a statement of truth renders the document liable to be struck out.
Orders
Procedural or final court orders are drafted after hearings or where required by procedure.
Key Term: court order
A court order is a formal document recording a judgment, direction, or procedural ruling of the court, drafted in a specified format and signed or sealed by the judge or court officer.
Orders must specify:
- The parties and claim number.
- The judge’s name and hearing date.
- The operative terms (the order itself).
- Any costs consequences.
Most orders result from a substantive hearing and are drafted by the successful party’s solicitor for approval.
Worked Example 1.1
A client seeks to recover £30,000 for unpaid services supplied under a written contract. Which key elements must appear in the particulars of claim, and what format should be used?
Answer:
The particulars of claim must (1) identify the parties and contract, (2) state the facts showing how the contract arose and how the breach occurred, (3) set out the sum due (with calculations), (4) explain the loss suffered, (5) include a clear prayer for the relief sought (e.g., damages, interest), (6) use numbered paragraphs, and (7) conclude with a statement of truth.
Parts of a Pleading: Formatting Essentials
- Heading:
- The court name, claim number, and case title.
- Parties:
- Full legal names and status.
- Numbered Paragraphs:
- Each allegation or fact in a separate, consecutively numbered paragraph.
- Content Order:
- Adopt a logical order: parties, background facts, material facts, acts/omissions, breach or loss, relief.
- Statements of Law:
- Generally avoid; only include if needed for clarity.
- Remedies Claimed (Prayer):
- Clearly itemise the relief sought at the end of the claim.
- Statement of Truth:
- Always at the end.
Worked Example 1.2
The claimant’s particulars of claim fail to specify how the defendant supposedly breached the contract. What is the procedural risk?
Answer:
Without a clear statement of the breach, the claim is likely to be struck out for failing to disclose a reasonable cause of action, and could be vulnerable to a request for further information or for summary judgment.
Formal Court Orders: Drafting Essentials
When drafting a court order:
- Follow the prescribed format or template.
- Begin with the case heading.
- State who appeared and before whom.
- List the order's terms in numbered paragraphs.
- Specify who pays costs.
- Include a place for the judge or court seal.
Key Term: consent order
A consent order is a court order reflecting terms agreed between the parties, enforceable as if made by the court after a hearing.
Worked Example 1.3
A judge grants an injunction after a hearing. The successful party is asked to draft the order. What must this document include?
Answer:
The order must include: (1) case heading and parties, (2) hearing date and judge's name, (3) who appeared for each side, (4) clear and unambiguous recitals of what the court has ordered, (5) where appropriate, the return date for directions, (6) statements as to costs, and (7) the judge’s signature or court seal.
Exam Warning
For the SQE2 exam, be careful to distinguish between ‘facts’ (what happened), ‘evidence’ (the proof), and ‘law’ (the rules). Plead only facts. Including arguments or evidence instead of the necessary facts is grounds for losing marks or procedural sanction.
Common Issues and How to Avoid Them
- Do not include unnecessary or argumentative language in a statement of case.
- Only include particulars (details) where required by law or practice direction (e.g., allegations of fraud).
- Always check for mandatory formalities: case heading, numbered paragraphs, statement of truth.
- For orders, follow any standard templates required by local court rules or practice directions.
Revision Tip
Double-check every procedural document against a standard checklist for formatting and mandatory content. Set up a template to save time and prevent omissions.
Key Point Checklist
This article has covered the following key knowledge points:
- The required structure and format for standard procedural documents and pleadings.
- Essential content and ordering for claim forms, particulars of claim, defences, and replies.
- The significance and correct use of statements of truth.
- Formatting and drafting requirements for procedural and final court orders.
- Common errors, mandatory formalities, and practical tips for compliance in the SQE2 exam.
Key Terms and Concepts
- statement of case
- claim form
- particulars of claim
- defence
- statement of truth
- court order
- consent order