CIVIL LITIGATION DRAFTING - 2024/5

Module Overview

This module will enable the student to develop practical legal drafting skills and is designed to complement directed learning from the Public Law and Legal Systems chapter of the embedded online SQE learning tool.

The module will also build on the skills developed in the preceding modules (client interviewing and negotiation) to provide students with an understanding of the development of litigation cases within the framework of UK civil procedure rules.

All modules in this programme link with preparation for the SQE and for future professional practice. The pedagogy of this module, including the assessment pattern, relates academic and vocational skills to professional practice in a legal environment.

Module provider

Surrey Law School

Module Leader

SHARMA Mala (Law)

Number of Credits: 15

ECTS Credits: 7.5

Framework: FHEQ Level 7

Module cap (Maximum number of students): 60

Module Availability

Semester 1

Prerequisites / Co-requisites

N/A

Module content

• Directed SQE1 preparation from relevant sections of the embedded online learning tool (including completion of MCQs).


• Civil Litigation procedure and process.


• Making use of information gathered during client interviews and/or negotiations.


• Drafting documents to initiate civil proceedings.


• Drafting factual witness statements.


• Drafting court applications and draft orders.


• Drafting instructions to expert witnesses.


• Drafting expert witness statements.


• Drafting documentation relating to quantum.


• Drafting settlement agreements.


• Development of skills that will aid preparation for SQE2 and professional practice.

Assessment pattern

Alternative Assessment

N/A

Assessment Strategy

The assessment strategy is designed to:

Support the student to develop practical civil litigation drafting skills that complement the learning required for the SEQ1 topic of Public Law & Legal Systems and prepare them for the practical application of drafting techniques in a legal environment.

Students will have the opportunity to practice drafting a variety of legal documents using court forms and practice templates.

Thus, the summative assessment for this module consists of:

• Exam - Drafting exercises that will enable students to demonstrate their drafting techniques and an understanding of civil procedure rules.

The online examination addresses all learning outcomes.

Formative assessment:

A drafting exercise in the same format as the summative assessment.

This will be a take-home paper, to be completed and uploaded to SurreyLearn.

Feedback:

Verbal feedback from lecturers during in-person sessions and in response to formative assessment.

Practical exercises during interactive workshops.

Peer-to-peer feedback.

Input from practitioners.

Self-evaluation utiliising MCQs in embedded online learning tool.

 

Module aims

• Directed SQE1 preparation from relevant sections of the embedded online learning tool (including completion of MCQs).
• Demonstrate how to identify relevant legal and procedural issues when drafting civil litigation documentation.
• Demonstrate an understanding of UK civil procedure rules in the context of document drafting.
• Understand the different drafting techniques required for a variety of documents created for different types of civil litigation.
• Demonstrate appropriate drafting techniques in a civil litigation context.
• Demonstrate a clear understanding of professional conduct and ethical issues pertinent to drafting documents for the purpose of civil litigation.

Learning outcomes

Methods of Teaching / Learning

The learning and teaching strategy is designed to:

Enable students to understand the underlying principles of civil litigation drafting and put these into practice using an interactive workshop approach.

Link practical drafting exercises with directed SQE1 preparation material.

 

The learning and teaching methods include:

• Directed learning, independent study, lectures and workshops.


• In advance of workshops, students will be required to undertake independent study and complete MCQ’s which will test their knowledge of the main principles of public law and legal systems.


• Introductory lectures and captured content will introduce students to the theory and practice of civil litigation drafting.


• Working individually and in groups, students actively engage in drafting skills practice and provide constructive feedback to each other. Further feedback will be provided by workshop leaders and guest practitioners.


• Students will gain important transferable professional skills in research, communication, teamwork, organisation, critical thinking and problem solving and personal skills including resilience, confidence and reflection.


• Putting skills to use in the Clinical Legal Education element of the Professional Legal Environment & Regulation module.

Indicated Lecture Hours (which may also include seminars, tutorials, workshops and other contact time) are approximate and may include in-class tests where one or more of these are an assessment on the module. In-class tests are scheduled/organised separately to taught content and will be published on to student personal timetables, where they apply to taken modules, as soon as they are finalised by central administration. This will usually be after the initial publication of the teaching timetable for the relevant semester.

Reading list

https://readinglists.surrey.ac.uk
Upon accessing the reading list, please search for the module using the module code: LAWM167

Other information

The school of Law is committed to developing postgraduates with strengths in Employability, Digital Capabilities, Global and Cultural Capabilities, Sustainability, and Resourcefulness and Resilience. This module is designed to allow students to develop knowledge, skills, and capabilities in the following areas:

Digital Capabilities: Students will apply and refine their digital capabilities through engagement with a variety of online learning applications and activities. Students are expected to be proficient in navigating the University of Surrey’s VLE (Surreylearn) to support their learning, communicate with peers and tutors and submit assessment output. Students are further expected to be proficient in utilizing a variety of digital legal databases to effectively source research materials and complete learning tasks. The teaching activities in this module will also embed usage of interactive digital educational applications such as Padlet, Mentimeter and Poll Everyhere to enhance student learning. All students are expected to be proficient in using professional digital tools such as email, MS Suite applications and digital communication applications such as Zoom, MS Teams, Google docs etc. at a basic level and will be provided with opportunities to engage with these tools during their learning activities and communications with tutors and peers.

Students will also be expected to make use of online templates and procedural forms when preparing drafting, and to consider how drafting is affected by increased digitalisation of court bundles and online hearings.

Employability: This module is a strong embodiment of the Employability pillar and is a vital contributor towards students developing and refining a key transferable and professional skill. Drafting is a key skill required of solicitors, whether or not they choose to specialise in litigation. The ability to draft concise and accurate documents that take account of procedural requirements, complex fact patterns and client expectations is an employability skill that can be transferred to all aspects of legal practice. It is also a core component of the SQE2 and will give students an advantage when applying for Qualifying Work Experience.

Global and Cultural Capabilities: This module supports the development of students’ global and cultural capabilities by strengthening their understanding of one of the foundational elements of global communication. Effective drafting is essential for building greater global connections which will prove advantageous for all parties. Litigation can be trans-national and UK cases are frequently cited in other common law jurisdictions so accurate drafting can have an impact beyond initial cases. Litigation drafting often forms the basis for advocacy and is therefore crucial in building and mediating international relations and in resolving international conflicts and disputes. A nuanced understanding of drafting techniques will add to students’ cultural capital in an increasingly internationalized professional and personal environment. Precise and measured drafting of litigation documentation can be used to resolve disputes prior to court involvement. Where parties are global organisations or nation-states, litigation drafting can be a key strategic tool which can provide access to justice across international borders.

Resourcefulness and Resilience: This module supports the development of resourcefulness and resilience in students by requiring students to engage in a variety of learning techniques designed to encourage active learning through participation, reflection and co-operation. Students will draw on individual and collective resourcefulness to design practical and critically reasoned solutions to the challenges raised by the complex issues within the workshop problem tasks. Resilience and resourcefulness are further integrated within the module through the assessment strategy which require students to complete a multi-faceted practical exercise through which they identify and apply appropriate and relevant skills to the desired standard. Students will be able to undertake self-assessment, engage in open-ended inquiry and to make and defend their own choices and to determine and manage suitable tasks in the completion of their assessment. The drafting exercises will also build and utilize resourcefulness and resilience by requiring students to construct and adapt drafting in real time and where unknown and unpredictable variables may arise in course of the task. The exercises will also assist in building students’ confidence in their ability to make independent decisions and to reflect and take ownership of the results arising.

Sustainability: This module can promote the objective of sustainability through equipping students with the skills to effectively navigate and mediate the multi – partied joint decision-making processes and conflicts that characterise sustainability initiatives. It is acknowledged that the key challenges faced in local and global sustainability challenges involve varied and conflicting multi-party interests and disparities in bargaining power. Nuanced and considered drafting can contribute greatly towards the construction of practical and ethical solutions that can maximise benefits to various parties and advocate for those who are vulnerable to ecological and economical unsustainability. Effective drafting can provide templates and precedent for future strategic litigation.

Programmes this module appears in

Please note that the information detailed within this record is accurate at the time of publishing and may be subject to change. This record contains information for the most up to date version of the programme / module for the 2024/5 academic year.