PLR and Writing to prepare for your SQE 2 assessment.
These notes contain examples on:
- Wasted Costs Order
- Norwich Pharmacal Order
- Contribution Proceedings
Prepare for your SQE exam for less. I have achieved a distinction in my LPC and I am now preparing to take the SQE by looking at ...
The PLR and Writing assessments are not supervised and you prepare When looking at your problem, narrow down the problem as follows:
the record card and letter of advice in your own time. The Writing and 1. Is this a Civil, Criminal or Public law matter?
PLR assessments are taken together. Both are assessed on a 2. Find out which area of law you will be researching. Does the
'Competent' / 'Not Yet Competent’ basis. question relate to a matter of substantive law, a procedural
matter, or both?
If you are Not Yet Competent in PLR but Competent in Writing, you will - If the matter is a question of substantive law: try to find
be re-assessed on PLR only by submitting a record card but not a letter the relevant substantive area – eg. for landlord-tenant
of advice. If you are Not Yet Competent in Writing only, you will be disputes, this will likely be Property/Land law, for
required to write a letter of advice. employer-employee disputes, this will likely be
Employment law.
LEGAL RESEARCH - If the question is procedural: you will likely find your
answer by looking at Civil or Criminal litigation. – eg.
RECORD CARD STRUCTURE: what are the cost consequences of not accepting a Part
36 offer will be dealt with by Civil litigation.
Summary of problem(s): 3. Once you found your area, read up on it so you remind
Accurately and clearly summarise the problem. Make sure to look out yourself of the context and find key words that are similar. If
for more than one problem as there may be more than one in some you have found the answer to your question at this stage and
cases. know the technical word of what you are looking for, you can
work backwards by broadening your search terms. If you are
Remember: having difficulty finding what you are looking for, start by using
• It should include the actual question. broad search terms.
• Do not state that you have been asked to advise the client. You
are the trainee doing research to aid your supervisor, your Examples:
supervisor will be well aware of this.
• Decide what facts are material and what facts may be omitted Matter: Norwich Pharmacal Order:
safely. A fact is material if it is likely to make a difference to the Area: Intellectual Property law, Commercial law
answer. Search terms: Confidentiality –> Disclosing confidential information –>
Injunction –> Norwich Pharmacal Order
Search terms
• Identify relevant search terms for the problem. Matter: Bail for kidnapping:
• List the search terms in approximate order of priority. Area: Criminal law
• Start with broad terms that describe your problem. Search terms: Bail –> Release on bail –> Conditions for bail –>
• Look at the issues you identified and make sure you have at Seriousness of past offences –> Kidnapping severity
least one search term to cover each of them.
• Also, remember to consider synonyms. Matter: Mirror Orders:
Area: Family law, Child law, Public law
Issues/client objectives Search terms: Child abduction –> Hague Convention –> Child law orders
Analyse the fact pattern and isolate the legal issues. –> Child Arrangements order –> Mirror Orders
Identify your client’s objective(s).
Step 3. Tracking down the information:
Consider the following (where relevant):
• What does the client want to achieve? Start your research with an open mind. Do not try to confirm a
• If their ideal solution is not possible, try to find alternatives. predetermined conclusion as your research will not be accurate.
• Consider potential obstacles/difficulties and costs
• Consider factors that might make a difference to the outcome Carry out the research by reviewing different legal sources. Assess
• Let client know of any potential risks which sources are the most appropriate to your scenario and the most
Record of research authoritative.
• Accurately and clearly record the research process. 1. Never use Google to actually carry out legal research. Referencing
• Accurately record or summarise the material included. Google on your record card will result in a grade of Not Yet Competent.
• Show the source of your research.
• Detail your preliminary and final conclusions. Types of sources:
• Show use of both primary and secondary sources.
2. You are expected to use the sources available in a legal library, either
Result to supervisor/advice to client in hard copy or electronic form. Use the BPP Online library.
• Accurately record the correct outcome of the research.
Analyse and apply the law to the client’s facts. While, primary sources are more authoritative, you should start by
• Identify any additional practical matters (e.g. practical steps looking at secondary sources to help you understand the primary
for the client to take), if applicable. sources.
List sources Secondary sources/Commentary:
Practitioner’s text (name the text)
Case law as cited
Legislation as cited List of secondary sources/commentary:
Word count: (maximum 1,400 words, including headings) * Practical Law – very useful, always
search there first.
* Lexis Nexis
RESEARCH METHOD: * Halsbury’s Laws of England – find
it via LexisLibrary
In the assessment, you must demonstrate how you searched, where * Westlaw
you searched, what you found, and why it matters to the client. * The White Book
* Practitioner texts – provide a
Step 1. Analysing the problem: detailed treatment of the law.
Use foe general guidance.
Separate material facts from non-material facts and try to summarise
the problem in your own words. You may find more than one problem
in your question so do look out for that. Books Guidance notes
Step 2. Identify the right search terms:
Secondary sources do not constitute the law, but rather, they collate
More often than not, the question will not describe the actual legal and discuss the law. While looking at secondary sources, take a note
problem you are facing. As a first step, try to find possible legal words of any relevant primary source you find.
relating to your problem. – Eg. if your problem is regarding some form
of injunction, intellectual property, confidential information etc., take Start your research using at least two secondary sources and aim to
a note of these words that come to mind as these will help you in find two relevant practitioner texts to use in your record card by the
finding the solution you are looking for. time you finish your research of secondary sources.
While you are NOT allowed to use Google to carry out your research,
you can use Google to help you understand the problem before
starting your legal research.
PLR and Writing – All chapters – SQE notes | Page 1 of 9
, Primary sources:
LEGAL WRITING
List of primary sources:
* Statute – eg. Senior Court act 1981
GENERAL RULES OF LEGAL WRITING:
* Case law – eg. Turner v Grovit Spelling, punctuation and grammar:
Ensure that you:
These sources constitute the law. Once you have identified the 1. Use full stops, commas, colons/semicolons and apostrophes
relevant primary sources using the secondary sources, check if they appropriately;
are up to date and read them. If you find good summaries for the 2. punctuate tables and lists correctly;
cases, that should be sufficient, but make sure that the summary is 3. only use capital letters where necessary;
reliable. 4. avoid double negatives;
5. use the active rather than the passive voice; and
Updates: 6. proofread and ensure that there are no typographical errors.
Remember that the law is always changing. You must research Structure:
carefully before arriving at a conclusion even if you know the area of
law. Ensure that each case you are using in your research is still good It is important to:
law by looking them up on Westlaw/LexisLibrary. 1. adopt a logical order;
2. use appropriate paragraphs;
Also, ensure that the resources you rely on are up to date. For online 3. avoid illogical/inappropriate use of sub-headings;
resources, this is usually clear. 4. ensure that tabulation is not overused; and
5. comply with your law firm’s house style.
Westlaw:
1. Statute – You will find green, yellow and red icons next to each Ensure clear structure of the document and also clear structure of
section to show whether parts of the statute are in force, paragraphs and sentences.
repealed or not yet in force. Westlaw will display legislation
that is updated. Logical order:
2. Caselaw – green, yellow and red icons to signal how the case Use a logical structure in your writing. If your document is lengthy or
law will be treated by courts in the future. complex, explain how one point leads to the next and how sub-points
interrelate or differ. Discuss each topic only once.
LexisLibrary:
1. Statute – Will always be updated on this source Your organization should be consistent. If you are outlining facts, use
2. Caselaw – LexisNexis indicates how the case will be treated in the chronological structure and use the same structure throughout the
subsequent cases. document.
- Negative Treatment Appropriate paragraphs:
- Cautionary Treatment
- Positive Treatment One paragraph should deal with one topic and have three sections:
- Neutral Treatment - The first sentence of the paragraph is your lead sentence and it
- Information should tell the reader what the paragraph is going to be about.
- The body of the paragraph should support/develop the idea in
Practitioners’ text: the lead sentence.
Ensure that you are looking at the up-to-date version. Publishers often - The final sentence concludes or restates the main idea and
produce annual ‘handbooks’ – check when these books were should also act as a link to the next one.
published and check if they have any supplemental information.
You should try to anticipate the reader’s questions. The most common is,
Common problems: ‘Why does this matter?’.
* Insufficient analysis: Do not rush the initial stages as this could
lead you to the wrong direction. Headings:
* Not enough time: Remain focused on the summary of the Consider whether headings are appropriate. The longer and more
problem, legal issues and client’s objectives throughout the complex the document is, the more appropriate it will be to use
research to make your research quicker. After two secondary headings/sub-headings.
sources, carry out a preliminary analysis before moving on to
the primary sources. Price Prior’s house style:
* Dealing with ambiguity: If you find ambiguity (eg. conflicting House style = a set of rules which dictates how written documents should
case law), fully research the conflicting law and set out the be formatted. Most firms have their own ‘house style’ so that all written
judges’ views, showing how these conflict and then present work have a uniform appearance and look more professional.
your own analysis.
* You cannot find relevant case law/statute/statutory For the purposes of BPP’s LPC, use the house style of Price Prior.
instrument? Then say so. Mention if something is your own
analysis, not the law. Format Comments
* What if there is no answer? Keep researching. There will Formatting Font: Arial 11 point, line
always be an answer in your assessment. spacing: single, justified
Dates 15 June 2021 Month written in full No ‘st’,
Step 4. Communicating the solution: ‘nd’, ‘rd’ or ‘th’, no commas
Case names Cetelem SA v Roust Case name and statute in
You will need to present your research well and in a way that makes and statute Holdings Limited The normal type
sense to others. You must use the record card format showing your Fraud Act 2006
research trail and your conclusions. This should look like a clear route Defined terms e.g. the Theft Act 1968 Not in italics bold or
map to the information you have discovered. (the ‘Act’) or (‘TA 1968’) underlined
Headings Breach of contract In bold – format of main
Step 5. Summarise the answer: headings and sub-headings is
the same
Add a conclusion to your answer. This conclusion must be in the form Salutation andDear Mr Lee / Yours No comma after salutation
sign off for sincerely OR No comma after ‘Yours
of a result to your supervisor that will advise your client. This should letters Dear Sirs / Yours sincerely’ / ‘Yours faithfully’
look slightly similar to your solution to a problem question – eg. list faithfully
the requirements that need to be satisfied and apply the law to the Section s.56 FSMA ss.21 and 22
facts or if there are more than one possible outcomes, list them and numbers If starting a sentence with
conclude which one is more likely based on the facts. the section number:
Section 56 FSMA
Give practical advice to the client as much as possible. – eg. if you find Other numbers Nine / 19 One to nine – use words
from your research that the claim is very difficult to prove, mention 10 upwards – use numerals
that and give client an alternative to reach their objective. Or eg. if the Exceptions:
claim is going to be time-consuming or expensive that this is not 4 to 12 weeks, addresses and
percentages – eg. 5%
something the client will likely want, mention that and again, offer an Address 56 Duke Court London No punctuation in address
alternative. SW4 4TJ
Punctuation ‘quote’ Use single inverted commas
£5,000 or 10,000
PLR and Writing – All chapters – SQE notes | Page 2 of 9
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