header-logo header-logo

04 June 2013 / Janna Purdie
Categories: Features , Procedure & practice , LexisPSL
printer mail-detail

The bare bones

Janna Purdie emphasises the increasing importance of keeping skeleton arguments in check

The clue is in the name. A skeleton argument is a written document provided to the court in advance of the hearing which summarises the issues to be addressed and the authorities to be relied upon. The purpose is to provide a platform for the advocate to make the party's case during oral submissions, ie the bare bones of the case to which the advocate will add flesh during submissions. The CPR clearly sets out what is required for the purposes of a skeleton argument and many practitioners comply with those provisions. However, some simply chose to ignore them and produce lengthy skeletons which fail to focus on the issues the court is required to determine.

The Court of Appeal has focused on the length of skeleton arguments in the past. Examples can be seen in Tombstone v Raja [2008] EWCA Civ 1444, where the skeleton argument for one party ran to 110 pages, in Midgulf v Groupe Chimique Tunisien [2010] EWCA Civ 66 where Lord Justice Toulson took issue with the skeletons

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll