part 5 chancery

							                                                   PART FIVE: CHANCERY
Introduction:


This checklist has been prepared by the Chancery Bar Association. A chancery pupillage should prepare a pupil to a
standard to deal competently with the work he or she is likely to encounter in the early years of practice at the Chancery
Bar. This checklist is intended to identify the core elements which a pupil with a general chancery pupillage should
cover. Chancery chambers offering a highly specialised pupillage should consider preparing their own check lists in
conjunction with the Bar Council.


A pupil should be able to complete the non-asterisked items. Appropriate action to redress any omissions in respect of
such items should be noted on the check list. It is desirable that items marked with an asterisk are completed, but this
may not always be possible.




                                                                                                 Satisfactory

A. LITIGATION


1. Observe the following tribunals, become familiar with the practice and
   procedure before each and develop by observation or practice the skills of
   advocacy before them.
    1.1 The Chancery Division
          1.1.1 Judge
          1.1.2 Judge in Applications Court
          1.1.3 Registrar in Companies Court
          1.1.4 Registrar in Bankruptcy Division
          1.1.5 Master


    1.2     The County Court
          1.2.1 County Court Judge
          1.2.2 District Judge


2. Become familiar with the following types of proceedings, and develop by
   observation or practice the skills of advocacy at hearings in such
   proceedings (including the preparation where appropriate of skeleton
   arguments, chronologies, case summaries, minutes of order or other
   documentation).


    2.1 A witness action including cross-examination of witnesses of fact and
        opinion


    2.2 A part 8 claim
2.3 An application for:
   2.3.1 An interim injunction
   2.3.2 A freezing order*
   2.3.3 An application without notice to the other party (discuss the
         giving of undertakings)
2.4 An appeal



2.5 An appeal in the Court of Appeal*



2.6 An application before a judge in the bankruptcy court*



2.7 An uncontested probate hearing and a contested probate hearing*



2.8 Petitions in the Companies Court for:
    2.8.1 Compulsory winding up
    2.8.2 Administration order*
    2.8.3 Section 459 relief*
    2.8.4 Just and equitable relief*
2.9 A Petition for bankruptcy



2.10 A contested application for:
    2.10.1 summary judgment or striking out
    2.10.2 Specific disclosure*
    2.10.3 Unless orders*
    2.10.4 Further information*
2.11 A mortgage possession action



2.12 A Beddoes or Wallersteiner v Moir summons*



2.13 A judgment and consequential applications (costs, permission to
     appeal, form of order etc)


2.14 Enforcement e.g. charging order application*


2.15 Assessment of damages, Accounts and Inquiries*
    2.16 Schedules of costs and summary assessment


    2.17 A residential landlord and tenant possession action


    2.18 A Case Management Conference or Pre-Trial Review


3. Develop and practise drafting and pleading skills (see sections 2-5 of Part
   Four of the core checklist) in relation to chancery litigation including
   preparation of
   3.1 An application notice and supporting written evidence
    3.2 Part 8 claim forms and supporting written evidence
    3.3 Company petitions*
        3.3.1 Section 459 and just and equitable winding up*
        3.3.2 Administration*
      3.3.3 Company originating/ordinary Application*
4. Familiarise yourself with the Chancery Guide.


                                                                                 Satisfactory


B. ADVISORY


5. Develop and practise the skills of researching and advising in writing and
   develop by observation conference and negotiation skills (see Parts 3 and 4
   of the core checklist) in relation to chancery work.
6. Develop and practise the skill of non-litigation drafting and in particular
   6.1 Develop and practice an appropriate style
   6.2 Understand the proper use of precedents
   6.3 Understand the impact of taxation in drafting
   6.4 Understand when an accompanying note is appropriate and its
         function.
7. Consider and familiarise yourself with, or draft, one or more examples of
   each of the following:
   7.1 Contract
   7.2 Will
   7.3 Trust deed
   7.4 Deed of Appointment*
   7.5 Conveyance/ Transfer
   7.6 Lease
   7.7 Guarantee and indemnity
   7.8 Mortgage/legal charge
   7.9 Deed of family arrangement*
   7.10 Memorandum and articles of a limited company
   7.11 Partnership deed
           Record of Work done or work diary references     Cross-reference
             (continue on reverse or on a separate sheet)




Pupil Supervisor’s Comment