University of the West of England

MODULE SPECIFICATION

(Template revised October 2005)

Code: UJXTX4-0-M Title: Drafting Version: 1

Level: M-level UWE credit rating: ECTS credit rating:

Module type: Non-MAR

Owning Faculty: Social Sciences and Humanities Field: n/a

Valid from: September 2008 Discontinued from:

Contributes towards: Postgraduate Diploma in Legal Practice

Pre-requisites: Recognised Law Degree (or equivalent)

Non-Law Degree and Recognised CPE (or equivalent)

Co-requisites: None

Excluded combinations: None

Learning outcomes:

On completion of the module students are expected to demonstrate:

1 familiarity with a number of common drafting terms

2 an ability to select and distinguish between precedents

3 an ability to re-draft clauses using the first principles of drafting

4 in the context of Civil Litigation, an ability to draft statements of case generally, and Particulars of Claim and Defences in particular, using the skills of fact analysis and the first principles of drafting

Syllabus outline: The Drafting Skills study unit introduces students to the basic skills of drafting documents generally and statements of case in particular. In particular, students will:

1 consider a number of common drafting terms

2 learn and practice the first principles of drafting

3 learn and practice how to select and distinguish between precedents

3 learn and practice how to re-draft clauses using the first principles of drafting

4 in the context of Civil Litigation, learn and practice how to draft statements of case generally, and Particulars of Claim and Defences specifically, using the skills of fact analysis and the first principles of drafting

Teaching and learning methods: These include:

1 Self-study preparation and research in order to acquire knowledge and understanding

2 Individual and group work centred on problem-based learning involving management of information, analysis of complex facts, application of knowledge and acquisition of the skills and sub-skills of effective drafting

3 Discussions/ critique to demonstrate understanding and effective written communication of advice on complex areas of law applied to detailed factual scenarios

4 Formative practice/ assessment and feedback

Reading Strategy:

Students are provided with their own copies of the books listed below marked *. All other texts are stocked in the students’ Workshop Room Mini-Practice Libraries and/ or in the dedicated LPC/ BVC Legal Resource Room.

Indicative Reading List:

OUP “Lawyers’ Skills Manual”*

OUP Civil Litigation Manual*

SRA’s Solicitors’ Code of Conduct 2007*

Parkers’ Modern Conveyancing Precedents

Butterworths’ Personal Injury Litigation Service

Boilerplate Practical Clauses

Bullen & Leake’s Precedents and Pleadings

Civil Court Service (Jordans)

Civil Litigation (O’Hare & Hill)

Civil Procedure (O’Hare & Hill)

Encyclopaedia of Forms and Precedents

Personal Injury in Practice (Levene)

Personal Injury Practice (Butterworths)

Personal Injury Litigation (Solomon et al)

Personal Injury Pleadings (Sweet & Maxwell)

Pleadings Without Tears (Rose)

Practical Approach to Civil Procedure (Sime)

The following list is offered to provide validation panels/accrediting bodies with an indication of the type and level of information students may be expected to consult. As such, its currency may wane during the life span of the module specification. However, as indicated above, CURRENT advice on readings will be available via other more frequently updated mechanisms.

Assessment

Assessment is by way of a single, unseen written assessment, lasting 2 hours (including 30 minutes’ reading time). Students are assessed on a competent/ not competent basis.

The assessment criteria for the skill of Drafting are as follows:

1 Be consistent with the client’s goals and instructions

2 Where appropriate, demonstrate a critical use of precedents

3 Clearly and accurately address all relevant legal and factual issues and achieve the intended purpose

4 Meet any relevant formal requirements, customs and/or conventions

5 Protect the client’s interests and comply with the rules of professional conduct

6 Be succinct and precise, covering all relevant matters without irrelevance, repetition or ambiguity

7 Use an appropriate structure and, if hand-written, be legible

8 Be logically organised, self contained, internally consistent and form a coherent whole

9 Be written in a style appropriate to the circumstances, following the rules of grammar and using appropriate language, proper punctuation and correct spelling

SECOND (OR SUBSEQUENT) ATTEMPT: Attendance at taught classes is not required.

Re-assessment is by the same method as detailed above. See Assessment Regulations for further details.

Specification confirmed by …………………………………………………Date ……………………………

(Associate Dean/Programme Director)