Relief and procedural signposting - Remedy sought and draft ...

Learning Outcomes

This article sets out how to state the remedy sought and prepare a compliant draft order, including:

• Identifying the precise civil remedy to seek on given facts and expressing it clearly in applications, witness statements, skeleton arguments, and draft orders
• Stating the legal or procedural basis for each head of relief with pinpoint references to CPR rules, statutes, practice directions, and any leading tests
• Drafting a compliant, unambiguous draft order with operative provisions, deadlines, service requirements, return dates (where applicable), costs, and consequential directions
• Distinguishing interim versus final relief and prohibitory versus mandatory terms, and specifying necessary ancillary features (penal notice, undertakings, cross‑undertaking in damages, liberty to apply)
• Proposing appropriate alternative or fallback relief (e.g., strike out vs summary judgment; specific disclosure vs unless order) tailored to the facts and procedural posture
• Including proportionate time estimates and realistic costs proposals to assist effective case management and ensure orders are clear, enforceable, and fair

SQE2 Syllabus

For SQE2, you are required to understand the identification and drafting of civil relief, procedural signposting, and preparation of draft orders, with a focus on the following syllabus points:

• stating the precise remedy or order sought in applications, claims, or witness statements
• identifying and citing the correct legal or procedural basis for every form of relief requested
• distinguishing between types of civil remedies and selecting the suitable relief based on the facts
• preparing a draft order using established structure and language, including all required information

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.

1. Which are the essential elements that should appear in every draft order submitted to the court for an interim application?
2. What is meant by 'procedural signposting' in a civil court application?
3. True or false? The legal or procedural basis for each order sought must always be included in both the application notice and the draft order.
4. Which Civil Procedure Rule authorises summary judgment on a claim where the defendant has no real prospect of defence?

Introduction

Civil litigation requires absolute clarity in stating what the court is being asked to do. Whenever you seek relief—whether by claim, application, or witness statement—you must state the precise remedy desired, signpost the court to the relevant legal or procedural basis, and present a correctly formatted draft order.

Procedural signposting is mandatory for effective case management and transparency, and failures can result in refusal or delay of relief. SQE2 assessments rigorously test your ability to identify, justify, and draft the remedy or order sought, so structure and precision are essential. This also aligns with the duty to the court to draw attention to relevant procedural provisions and authorities that materially affect the outcome. Advocates must not mislead, must comply with court orders, and must avoid wasting court time; these professional obligations underpin disciplined signposting and drafting.

Stating the Remedy Sought

You must inform the court of the exact outcome you want. The remedy might be:

• Final relief on trial (e.g., damages, injunction, specific performance)
• Interim relief before trial (e.g., disclosure, freezing injunction, summary judgment)
• Orders following judgment (e.g., costs, enforcement, interest)

State the remedy explicitly and accurately. Do not leave the court to infer what is required. Use objective, neutral phrasing and ensure it matches the evidence and the rule invoked. Distinguish:

• Prohibitory vs mandatory terms (e.g., “The defendant is restrained from…” vs “The defendant shall deliver up…”)
• Time-limited vs open-ended (e.g., “until trial or further order” for interim injunctions)
• Alternative or fallback relief (e.g., “Alternatively, strike out pursuant to CPR r. 3.4(2)”)

Where precise performance is sought (such as inspection, delivery up, provision of information), list the items or information with clarity (schedules or appendices can improve readability). In urgent matters, indicate the immediacy in terms that can be converted into operative wording (e.g., “by 4:00 pm on [date]”).

Key Term: Remedy
A specific order or outcome requested from the court, such as damages, an injunction, or disclosure of documents.

Procedural Signposting—Stating the Legal or Procedural Basis

Every remedy or order sought must be supported by a clear legal or procedural basis, typically:

• Civil Procedure Rules (e.g., CPR Part 25 for interim remedies; Part 23 for applications; Part 24 for summary judgment)
• Statutory powers (e.g., s. 37 Senior Courts Act 1981 for injunctions)
• Relevant Practice Directions or other authority (e.g., PD 23A for applications; PD 25A for freezing/search orders; PD 57AD for disclosure in the Business and Property Courts)

Procedural signposting means stating the exact rule, statute, or practice direction which empowers the court to grant the order. This enables the judge and parties to verify your entitlement and ensures transparency. It should appear:

• In the application notice (Form N244) under “What order are you asking the court to make and why?”
• In supporting evidence (e.g., witness statement) at the point where each head of relief is justified
• In the skeleton argument structure (issues, tests, authorities)
• In the draft order, preceding or within each operative paragraph (e.g., “Pursuant to CPR r. 31.12”)

Essential examples of signposting:

• Summary judgment: CPR r. 24.2
• Strike out: CPR r. 3.4(2)
• Case management directions: CPR r. 3.1
• Specific disclosure (generally): CPR r. 31.12 (note: in the Business and Property Courts, PD 57AD governs disclosure; outside those courts CPR Part 31 continues to apply)
• Disclosure of documents mentioned in statements of case: CPR r. 31.14
• Pre-action disclosure: CPR r. 31.16
• Non-party disclosure: CPR r. 31.17
• Interim injunctions: CPR Part 25 and s. 37 Senior Courts Act 1981; American Cyanamid test applies for prohibitory injunctions
• Freezing injunctions: CPR r. 25.1(1)(f); PD 25A (form and safeguards)
• Security for costs: CPR rr. 25.12–25.13
• Relief from sanctions: CPR r. 3.9 (Denton guidance)
• Set aside default judgment: CPR r. 13.3
• Alternative/dispensing with service: CPR r. 6.15; service out: CPR r. 6.36 and PD 6B gateway

Signposting is not a recital of abstract law. State the test briefly and apply it to your facts. For example, for a prohibitory injunction, identify serious issue, inadequacy of damages, balance of convenience and undertakings. For summary judgment, highlight why the opponent has “no real prospect” and why there is no other compelling reason for trial.

Key Term: Procedural Signposting
The practice of expressly directing the court to the specific rule, statute, or authority permitting the relief requested.

Drafting a Draft Order

A draft order crystallises the relief and demonstrates preparedness. It is often required for all interim and final applications, and should always accompany a contested or complex application. Orders should be drafted in standard form, free from ambiguity.

Key Term: Draft Order
A proposed court order stating the remedy sought, the supporting legal or procedural basis, and all operational details necessary for effectiveness.

The essential components are:

• Full heading: court, claim number, parties’ names
• Date and title (e.g., “Before District Judge Smith, 1 May 2024”)
• Recital of reading and/or hearing (e.g., “Upon reading the application of the claimant dated…” and any witness statements; “And upon hearing…”)
• Where appropriate, undertakings recorded (e.g., cross‑undertaking in damages for interim injunctions)
• The orders (beginning with “IT IS ORDERED THAT:”)
• Each provision numbered and clear
• The remedy in precise terms with any schedule for lists or plans
• The legal/procedural basis for each head of relief (briefly: “Pursuant to CPR r. …” or “Under s. 37 SCA 1981”)
• Time limits and compliance mechanics (dates, times, methods)
• Service provisions (on whom, by when, method, deemed service if relevant)
• Return date for without notice orders and directions for further evidence
• Liberty to apply (for clarification/implementation issues)
• Consequential directions (e.g., filing/serving schedules, disclosure, hearing bundles)
• Costs provision (e.g., “Costs in the case”; “The defendant shall pay the claimant’s costs of this application, summarily assessed in the sum of £…”) and basis of assessment where fixed
• Signature and date

Use clear, modern language. Avoid ambiguity, tautology, and archaic forms. Use tabulation and defined terms where they aid clarity. Use “shall” only to impose obligations; avoid “will” if it risks signalling intention rather than obligation. Keep sentences compact; if a term requires detail, place that detail in a numbered schedule.

Special features to include where appropriate:

• Injunctions: a penal notice in the required form at the top of the order; a recital of undertakings; cross‑undertaking in damages; return date; service out of hours if necessary; any exceptions to avoid overbreadth
• Freezing injunctions: the standard form in PD 25A; identification of assets, permitted living/legal expenses; disclosure of assets; ancillary orders for information; geographical scope
• Search orders: strict adherence to PD 25A safeguards (supervising solicitor, time of execution, presence of respondent, safeguards for privilege)
• Unless orders: crystal-clear statement of the sanction for non-compliance (e.g., “Unless the defendant serves its list of documents by 4:00 pm on [date], the defence shall be struck out”)

Costs and Consequential Orders

Nearly every draft order should address costs—either by fixing them, reserving them, or leaving them to be assessed. Consequential directions (e.g., timetable for compliance, liberty to apply) must also be clear and enforceable.

Summary assessment is common for short interim hearings; propose a figure and basis (standard or indemnity) with a statement of costs filed/served in time. If the hearing exceeds a short duration or the court prefers, costs may be “in the case” or “costs reserved,” or detailed assessment may be ordered later.

Examples of costs wording:

• “The defendant shall pay the claimant’s costs of this application, summarily assessed at £[amount], payable within 14 days.”
• “Costs in the case” (costs follow the event at trial)
• “Costs reserved” (decision deferred)

Always ensure the order records any consequential directions required for practical effectiveness, such as directions for service of the order, the format of any information to be provided, and a liberty to apply. If time is short, you can ask the court to abridge time for service or compliance.

Key Term: Costs Order
An order allocating legal costs arising from the order or relief between the parties, specifying who pays, the basis, and when.

Examples of Relief and Draft Orders

Worked Example 1.1

A claimant applies for specific disclosure of documents under CPR r. 31.12. What should the remedy sought and draft order include?

Answer:
The application notice and draft order should both set out:

• A clear statement of the remedy: “The defendant shall disclose and allow inspection of [describe specific documents].”
• The procedural basis: “Pursuant to CPR r. 31.12.” Note: in the Business and Property Courts, disclosure is governed by PD 57AD; tailor the application accordingly (e.g., a Model C request or an order for extended disclosure).
• Any compliance deadline (e.g., “By 4:00 pm, within 21 days of this order.”)
• Any format or search parameters where relevant.
• Costs order (e.g., “Costs of the application to be paid by the defendant.”)
• All parties, dates, and correct heading.

Worked Example 1.2

You apply for an interim injunction restraining a builder from removing materials from a building site. How do you formulate the relief and draft order?

Answer:
The application should state: “An injunction restraining the defendant from removing any building materials from [site address] pending trial or further order.” The draft order should:

• State the exact conduct restrained with geographic and subject-matter clarity.
• Refer to s. 37 Senior Courts Act 1981 and CPR Part 25; apply the American Cyanamid principles in evidence/skeleton.
• Include a penal notice in the required form.
• Record the applicant’s cross‑undertaking in damages and any other undertakings (e.g., to issue/serve the claim).
• Provide for service, a return hearing, and costs.
• Include liberty to apply.

Worked Example 1.3

In an application for summary judgment, what is the proper form for relief and the draft order, including procedural signposting?

Answer:
State: “Judgment against the defendant under CPR Part 24.” The draft order should include:

• Heading, date, parties.
• “Upon hearing counsel/solicitor for the claimant…”
• “IT IS ORDERED THAT judgment be entered for the claimant in the sum of £X (principal), interest at [rate] from [date] to [date] in the sum of £Y, and continuing interest at [daily rate] pursuant to CPR r. 40.8/s. 35A SCA 1981 as applicable.”
• “Pursuant to CPR r. 24.2.”
• Costs of the claim/application (summary assessment or detailed assessment directions).
• Any enforcement or consequential directions (e.g., time for payment).

Worked Example 1.4

You seek a freezing injunction to prevent dissipation of assets up to £500,000. What should the draft order capture?

Answer:
The application should state the freezing relief sought “up to the value of £500,000” against specified assets and rely on CPR r. 25.1(1)(f), PD 25A and s. 37 SCA 1981. The draft order should:

• Use the standard form in PD 25A where applicable.
• Include a penal notice and clear asset scope (worldwide or domestic; bank accounts, shares, property).
• Provide exceptions for ordinary living/business expenses and legal costs.
• Require an affidavit/statement of assets within a specified time.
• Record a cross‑undertaking in damages and any fortification if ordered.
• Set a prompt return date and service provisions (including alternative service if needed).
• Include liberty to apply and a costs provision.

Worked Example 1.5

You act for a defendant seeking security for costs against an overseas claimant with no assets in the jurisdiction. What are the relief and basis?

Answer:
State the relief as: “An order that the claimant provide security for the defendant’s costs in the sum of £[amount] by [method] by 4:00 pm on [date], failing which the claim be stayed.” Signpost CPR rr. 25.12–25.13 (grounds, discretion). The draft order should:

• Identify the sum, method of security (payment into court or bond), and deadline.
• Provide for stay or strike out if security is not provided (“Unless…” if appropriate).
• Specify any variation liberty and costs.
• Set out a short recital of the grounds (e.g., claimant resident out of jurisdiction with no assets; merits and proportionality).

Worked Example 1.6

A claimant seeks to strike out a defence that discloses no reasonable grounds and, in the alternative, summary judgment. How do you present this?

Answer:
State the primary and alternative relief: “An order striking out the defence under CPR r. 3.4(2)(a); alternatively, summary judgment under CPR Part 24.” The draft order should:

• Provide separate numbered paragraphs for strike out and, alternatively, summary judgment.
• Include the rule references in each paragraph.
• State what follows (e.g., judgment for the claimant in £X; directions on quantum if part only; or directions if the defence is struck out as an abuse).
• Provide for costs and any remaining directions.

Worked Example 1.7

You seek relief from sanctions for late service of a witness statement. What should the order request and on what basis?

Answer:
State: “Relief from sanctions pursuant to CPR r. 3.9 and permission to rely on the witness statement of [name] dated [date].” The draft order should:

• Recite the relevant breach, reasons, and promptness.
• Provide the operative permission with any consequential directions (e.g., opponent’s right to serve responsive evidence).
• Reserve trial date if at risk; consider costs of the application.
• Record rule basis and, if appropriate, a short recital applying the Denton three-stage test (seriousness, reason, all the circumstances).

Worked Example 1.8

The claimant requires alternative service of the claim form by email on a corporate defendant evading service. What do you include?

Answer:
State: “An order pursuant to CPR r. 6.15 permitting service of the claim form and particulars by email to [address] and at [physical address by posting], such service to be good service.” The draft should:

• Specify the documents, method(s) and address(es), and deeming provision (“deemed served on [date/time]”).
• Provide a short recital of steps taken and why service by alternative means is appropriate.
• Include any consequential deadline adjustments.
• Provide for costs.

Worked Example 1.9

A defendant applies to set aside default judgment entered in its absence. What are the relief and draft order elements?

Answer:
State: “An order setting aside default judgment pursuant to CPR r. 13.3 and granting the defendant permission to file and serve the attached draft defence within 14 days.” The draft order should:

• Set aside the judgment.
• Give directions for service of the defence and any consequential case management.
• Address any stay of enforcement pending determination and costs.
• Signpost CPR r. 13.3 and summarise (recital) why there is a real prospect of defending and why the application was made promptly.

Worked Example 1.10

You need an unless order to compel service of a list of documents after repeated non-compliance. What do you seek?

Answer:
State: “An unless order that unless the defendant serves its list of documents compliant with CPR Part 31 by 4:00 pm on [date], the defence shall be struck out without further order.” The draft order should:

• Specify the precise step, scope (e.g., searches), and deadline.
• State the sanction in clear terms.
• Provide any consequential directions if the sanction bites (e.g., judgment and directions on quantum).
• Provide for costs.

Formalities and Presentation

Use official templates where prescribed (e.g., standard forms for freezing or search orders in PD 25A). Otherwise, follow standard headings and structure set out above. Always insert the legal or procedural basis for each relief requested. Orders should never be ambiguous or incomplete.

Application practice points:

• File an application notice (N244) with a time estimate and, where required, a draft order in editable form; serve in accordance with CPR Part 23 and PD 23A
• Support with evidence (witness statement or, where required, affidavit: see PD 32), exhibiting key documents and applying the relevant tests
• Provide a skeleton argument for substantive applications, signposting authorities and rules with brevity and clarity
• Prepare and paginate bundles; be ready to take the judge to pinpoint paragraphs; flag the rules/PD extracts you rely on
• State reading time and hearing time; propose sensible directions and costs
• For without notice applications, ensure full and frank disclosure, record undertakings (including to issue/serve claim), and include a prompt return date in the order
• Ensure any penal notice is in the correct form and placed prominently where required; warn of contempt consequences
• Draft with modern, concise language. Avoid repetition, archaic terms and overlong sentences. Use schedules for lists and detailed descriptions to keep the operative part crisp

Exam Warning

SQE2 questions often award marks for precise procedural signposting. Failure to state, for example, "pursuant to CPR r. 25.1(1)(c)" or other authority may mean your draft or application will not achieve full marks, even if the substantive relief is correct.

Key Point Checklist

This article has covered the following key knowledge points:

• The need to state the exact remedy or order sought in clear, enforceable terms
• Procedural signposting: citing and applying the specific legal or procedural basis for each head of relief
• The structure and content of a compliant draft order, including headings, recitals, numbered relief, time limits, service and costs
• Special features for interim remedies (penal notice, undertakings, cross‑undertaking in damages, return dates)
• Costs orders and consequential directions, including summary assessment and liberty to apply
• Worked examples for common applications (disclosure, summary judgment, strike out, injunctions, security for costs, relief from sanctions, alternative service, set aside, unless orders)
• Practical presentation: N244, evidence, skeleton arguments, bundles, and compliance with PD 23A/PD 32/PD 25A (and PD 57AD where applicable)

Key Terms and Concepts

• Remedy
• Procedural Signposting
• Draft Order
• Costs Order