Learning Outcomes
After reading this article, you will be able to identify appropriate civil remedies, state the legal or procedural basis for applications, and draft a clear and effective draft order. You will be able to select and phrase the relief sought, reference the governing rule or statute, and structure a draft order to SQE2 exam standard.
SQE2 Syllabus
For SQE2, you are required to understand the identification and drafting of civil relief, procedural signposting, and preparation of draft orders. In revision, focus on:
- 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.
- Which are the essential elements that should appear in every draft order submitted to the court for an interim application?
- What is meant by 'procedural signposting' in a civil court application?
- 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.
- 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.
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.
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)
- Statutory powers (e.g., s. 37 Senior Courts Act 1981 for injunctions)
- Relevant Practice Directions or other authority
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.
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…")
- The orders (beginning with "IT IS ORDERED THAT:")
- Each provision numbered and clear
- The remedy in precise terms (e.g., "The defendant shall provide inspection of the following documents:")
- Any necessary procedural steps (e.g., service of order, return dates)
- The legal/procedural basis (e.g., "Pursuant to CPR r. 31.12")
- Costs provision (e.g., "The defendant shall pay the claimant's costs of this application")
- Signature and date
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.
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."
- Any compliance deadline (e.g., "By 4:00pm, 21 days of this order.")
- 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.
- Refer to s. 37 Senior Courts Act 1981 and CPR Part 25.
- Include a penal notice (if required).
- Provide for service, return hearing (if appropriate), and costs.
- Use the correct format and all necessary operative details.
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 for the claimant…"
- "IT IS ORDERED THAT judgment be entered for the claimant in the sum of £X."
- "Pursuant to CPR r. 24.2."
- Costs of the claim/application.
- Execution or assessment directions if needed.
Formalities and Presentation
Use official templates where prescribed (e.g., standard forms for freezing injunctions). 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.
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 importance of stating the exact remedy or order sought when applying for relief
- The meaning and application of procedural signposting—referencing the legal/procedural basis for each order
- The content and structure of a compliant draft order (including heading, recitals, numbered relief, basis, and costs)
- The inclusion and formulation of costs orders in interim and final relief
- The practical application of these requirements to SQE2 drafting and advice
Key Terms and Concepts
- Remedy
- Procedural Signposting
- Draft Order
- Costs Order