## Learning Outcomes

This article sets out the essentials of drafting procedural documents, pleadings, and formal court orders for SQE2, including:

- The structure, purpose, and interplay of claim forms, particulars of claim, defences, replies, and counterclaims
- Formatting standards and modern drafting style (clarity, short sentences, active voice) and avoidance of archaic or ambiguous language (e.g., “and/or”)
- Proper pleading of material facts, with sections for facts, loss, remedy, and interest, and use of numbered paragraphs
- Drafting and checking claim forms and particulars of claim for accuracy and statutory interest, with timing and service requirements
- Responding in a defence under CPR 16, pleading set-off (CPR 16.6) and counterclaim (Part 20), and structuring replies appropriately
- Verifying statements of case with a compliant statement of truth, and recognising the consequences of non-compliance or false statements
- Preparing clear, enforceable orders under CPR 40 and PD 40B, including injunction orders in plain language with undertakings and penal notices where required
- Using consent orders and Tomlin orders appropriately, and addressing costs, “unless” provisions, and compliance deadlines
- Identifying common exam pitfalls in legal document composition and practical strategies to avoid them

## SQE2 Syllabus

For SQE2, you are required to understand the composition, content, and format of procedural documents in litigation, with a focus on the following syllabus points:

![Defence responses to allegations in particulars of claim: admit, deny with reasons and alternative facts, require proof, or deemed admission except quantum if unanswered.](https://static.pastpaperhero.com/images/sqe2-document-composition-and-formats-creating-procedural-documents-pleadings-and-orders_00.png)

_Defendants must address every pleaded allegation by admission, denial with reasons, or non-admission requiring proof; silence admits liability but not quantum._

- 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, look more closely at that area during your revision._

1. What are three essential sections of a particulars of claim for a claim in breach of contract?
2. 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?
3. 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?
4. 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 (for companies, include the registered office and, best practice, the registration number to avoid doubt).
- The court name and claim number.
- Brief details of the claim identifying the cause(s) of action and the remedies sought (e.g., damages; interest under the relevant statute; specific performance; injunction).
- Where claiming interest, a statement to that effect with the legal basis (e.g., County Courts Act 1984, s 69 or Senior Courts Act 1981, s 35A), the rate, dates/period, and daily rate continuing to judgment.
- Clear and concise content, using short, numbered paragraphs and plain English.

If the particulars of claim are not set out on the claim form, they must be served separately within 14 days after service of the claim form and within the overall time permitted for service of the claim form (typically 4 months from issue if served within the jurisdiction; 6 months if served out of the jurisdiction). State the value where required and avoid argument or evidence—plead material facts only.

#### 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: The contract’s formation (date, parties, consideration where relevant), key terms, the governing obligation, and how it was breached (acts/omissions).
- Loss: Causation and quantification of loss flowing from the breach (distinguish general damages from special damages; where appropriate, attach or serve a schedule of loss).
- Remedy: The relief claimed, including interest and any ancillary orders.

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 with particulars. Where appropriate, refer to and exhibit essential documents (PD 16 contains specific guidance, e.g., extra particulars for personal injury claims and precise details when claiming interest). Avoid inserting evidence; include only the material facts and proper particulars.

#### 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. Where relying on a positive case (e.g., limitation, estoppel, set-off, contributory negligence), plead the supporting facts and law concisely. If the defendant contends they are entitled to set off a sum owed by the claimant, this can be pleaded within the defence and relied on to reduce or extinguish the claim (CPR 16.6). If seeking affirmative relief (e.g., damages from the claimant), issue a counterclaim under Part 20, structured and labelled distinctly after the defence. Where a counterclaim is served, the claimant may serve a defence to counterclaim; the order and labelling of the two parts must be kept separate.

A reply is optional and should focus on new, material points raised in the defence that require response (e.g., enforcing an exclusion clause; remoteness arguments). Keep a reply succinct and cross-refer by paragraph to the defence.

#### 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 or disregarded. A statement of truth may be signed by a party or their legal representative (who must have authority); if a legal representative signs, confirm the client’s belief and representative capacity. Know the heightened consequences: making a false statement verified by a statement of truth without an honest belief in its truth may constitute contempt of court. Use the correct wording for witness statements (“I believe that the facts stated in this witness statement are true.”) and ensure the statement of truth appears as the final element of the document.

#### 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) in clear, numbered paragraphs, specifying any time for compliance (e.g., “by 4.00 p.m. on [date]”).
- Any costs order and payment timeframe (default is within 14 days unless the court orders otherwise).
- Where appropriate, an “unless” provision specifying consequences of non-compliance in prescribed form (PD 40B).

Most orders result from a substantive hearing and are drafted by the successful party’s solicitor for approval. Consent orders may be used where terms are agreed; a Tomlin order (a consent order with a schedule of terms that remain contractual) can be appropriate for settlements requiring confidentiality or future steps. Interim injunction orders must use plain language; include any undertakings, any penal notice, service provisions, and a return date if made without notice.

### 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

1. Heading:
   - The court name, claim number, and case title.

2. Parties:
   - Full legal names and status.

3. Numbered Paragraphs:
   - Each allegation or fact in a separate, consecutively numbered paragraph.

4. Content Order:
   - Adopt a logical order: parties, background facts, material facts, acts/omissions, breach or loss, relief.

5. Statements of Law:
   - Set out succinct legal propositions only where necessary (e.g., to plead reliance on a statutory implied term or an exclusion clause).

6. Remedies Claimed (Prayer):
   - Clearly itemise the relief sought at the end of the claim.

7. Statement of Truth:
   - Always at the end.

Good drafting practice requires short sentences (aim for an average of about 20 words), modern vocabulary, active voice (e.g., “The Defendant shall pay” rather than passive formulations), and avoidance of archaic language. Avoid ambiguity in lists by clarifying “and”/“or”, using tabulation where helpful, and stating “each of X, Y and Z” when obligations apply individually. Do not use “and/or” unless strictly necessary; prefer “any or all of X, Y and Z”.

### 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 (use plain language forms; e.g., for interim injunctions, PF40CH in the High Court).
- Begin with the case heading and judge/date.
- Include any penal notice and undertakings (e.g., undertaking as to damages).
- State who appeared and before whom, and list in Schedule 1 any witness statements/affidavits read.
- List the order’s terms in numbered paragraphs, specifying time limits and any “unless” consequences where compliance is required.
- Specify who pays costs and the basis (e.g., “costs in the case”; “defendant shall pay the claimant’s costs of the application”).
- Include standard notes on variation/discharge and service where required, and ensure the order is sealed or signed.

> **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 operative terms in numbered paragraphs, (5) where appropriate, a return date (for without-notice injunctions), (6) any undertakings (including damages), (7) statements as to costs and timeframe for payment, and (8) the judge’s signature or court seal.

### Worked Example 1.4

_You act for a defendant who owes £10,000 but also has a £12,000 claim for defective services provided by the claimant. How do you plead to reduce or extinguish the claimant’s claim?_

> **Answer:**
> Plead a set-off in the defence under CPR 16.6, stating the facts supporting the £12,000 entitlement and that it is set off against any sum the claimant may recover, with particulars. If seeking judgment for the balance, serve a counterclaim under Part 20, clearly separated and labelled after the defence, verified by a statement of truth.

### Worked Example 1.5

_Who may sign a statement of truth on a defence and what are the consequences of a false statement?_

> **Answer:**
> The defendant or their authorised legal representative may sign. If signed by a representative, include wording confirming the defendant’s belief and representative capacity. A false statement verified by a statement of truth without honest belief may be contempt of court. A defective or missing statement of truth may result in the document being struck out or disregarded until remedied.
>
> **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.

Additional common issues that cause loss of marks:

- Using “should” to express an obligation in a contract context (use “shall” for obligations).
- Ambiguous lists (e.g., “and/or”; multi-adjective strings) and group references—clarify whether obligations apply individually or jointly.
- Misusing “subject to” when adding an extra obligation; if adding rather than limiting, use “without prejudice to”.

### Common Issues and How to Avoid Them

- Do not include unnecessary or argumentative language in a statement of case. Avoid archaic terms (e.g., aforesaid, herewith, pursuant to) and overlong sentences.
- Only include particulars (details) where required by law or practice direction (e.g., allegations of fraud, negligence). Provide details for interest claims (basis, rate, period, daily rate).
- Always check for mandatory formalities: case heading, numbered paragraphs, statement of truth. For particulars served separately, serve within 14 days of the claim form and within the service window for the claim form.
- Where claiming personal injury, attach a schedule of past and future losses, and include the appropriate statutory interest.
- For orders, follow standard templates and PD 40B:
  - Specify time limits for compliance and use “unless” wording for strike-out or other consequences where appropriate.
  - Record costs explicitly; if silent on costs, none are payable.
  - Use plain language and ensure the defendant can understand precisely what they must or must not do.

- Draft injunctions with precision:
  - Include undertakings (e.g., as to damages).
  - Where without notice, insert a return date and service provisions.
  - Consider whether terms should be mandatory or prohibitory, and couch them in clear positive/negative language accordingly.

- Dates and times:
  - Specify whether a deadline is inclusive or exclusive (e.g., “on or before [date]”).
  - Avoid “midnight” ambiguity; prefer “by 23:59 [UK time] on [date]”.

> **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. Proofread for clarity, remove tracked changes/metadata before sending, and verify names, figures, dates, rates, and cross-references.

## 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 (including set-off and counterclaim).
- The significance and correct use of statements of truth and the consequences of false statements.
- Formatting and drafting requirements for procedural and final court orders, including injunctions and consent orders, and the use of “unless” provisions and costs.
- Common errors, mandatory formalities, and practical tips for compliance, clarity, and plain English drafting (short sentences, active voice, unambiguous lists).

## Key Terms and Concepts

- statement of case
- claim form
- particulars of claim
- defence
- statement of truth
- court order
- consent order


Document composition and formats - Creating procedural documents, pleadings, and orders