Opinion Writing & Drafting Flashcards
6 cards from real BPTC practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Opinion Writing & Drafting flashcards as text
What is the purpose of 'further information' under CPR Part 18?
Answer: To seek clarification of a party's case or additional detail about matters raised in their statement of case
A Part 18 request asks the opposing party to clarify or expand on matters in their pleadings so that the requesting party fully understands the case they must meet.
When drafting a witness statement for civil proceedings, the statement should:
Answer: Be in the witness's own words, covering all relevant facts they are able to give direct evidence about, and signed with a statement of truth
A witness statement must reflect the witness's own evidence in their own words, verified by a statement of truth — it is evidence, not advocacy, and must not be written as argument.
A 'Respondent's Notice' in an appeal is used when:
Answer: The respondent wishes to uphold the decision below on grounds different from or additional to those given by the lower court
A respondent's notice is filed when the respondent wants to support the outcome below but on different or additional grounds, without cross-appealing the actual order made.
Under CPR Practice Direction 16, the particulars of claim in a personal injury case must include:
Answer: A schedule of past and future losses and a medical report substantiating the personal injury alleged
PD16 requires personal injury claims to attach a schedule of losses and a medical report — without them the particulars are deficient and the claim may be struck out or stayed.
The rule against 'embarrassing pleadings' means that a statement of case must not:
Answer: Be vague, irrelevant, oppressive, or fail to identify the material facts with sufficient clarity
An embarrassing pleading is one that fails to identify the case with sufficient clarity, making it difficult for the opposing party to know the case they must meet — such pleadings can be struck out.
In drafting grounds of appeal to the Court of Appeal, the grounds must:
Answer: Identify specifically the error of law or fact, or the procedural irregularity, that renders the decision below wrong
Grounds of appeal must be focused and specific — they identify the precise legal or factual error in the judgment below, and the court will only consider those grounds that have been clearly articulated.