HOW TO DRAFT A SKELETON ARGUMENT: GUIDANCE AND LINKS REVISITED

A simple search term arrived on the blog today “How do I draft a skeleton argument?”  I wondered what level of practitioner would google this, however someone pointed out this has all the flavour of a desperate litigant in person faced with a mountain to climb. An example can be seen in the case of PP v MS & Ors [2019] EWHC 768 (Fam). An appeal where a father whose child had been placed in his care six months earlier faced an appeal from the mother. The mother was represented by leading counsel, there were two other counsel involved.  The appeal covered issues of relief from sanctions and a detailed dissection of two expert reports and consideration whether this was admissible evidence.  The judgment reads “The father, again acting in person, filed an argument in response.”  Given the regular criticism the courts make of the skeleton arguments drafted by professionals, it is unsurprising that a litigant in person should feel daunted.

This is, therefore an opportune time to remind people of the guidance and links available online.  These are as likely to be as helpful to the legal professional as the litigant in person.

HOW TO DRAFT SKELETON ARGUMENTS

• There is specific guidance in the Handbook for Litigants in Person, see chapter 15 section J.
• Some of the best guidance going can be found on a Gray’s Inn website “Skeleton Arguments: A Practitioner’s Guide”.
• Skeleton arguments: get the font size right and the length correct: or it could cost you.
• Advocacy – the judge’s view: being persuasive “Convoluted arguments are sleeping pills on paper”.
• There is a special ring in hell for a certain type of advocate (and you know who you are).

JUDICIAL COMPLAINTS AND COMMENTS ABOUT SKELETON ARGUMENTS

There are plenty of reports of judges complaining about the length of “skeleton arguments”.

• This is a sorry tale of woe: speculative skeleton arguments are of no assistance.
• Picking up bad citations: & skeleton arguments – still too long.
• Skeleton arguments: do them properly or you won’t get paid (the triquel).
• Skeleton arguments: if you don’t do them properly you won’t get paid.
• Drafting a skeleton or want to serve an additional skeleton argument? Then you had better read this
• Useless bundles; lengthy skeletons and judicial ire: The Court of Appeal rules inability to impose “old fashioned” sanctions.
• Skeleton Arguments too long & amount of documents “absurd”: a justifiable judicial complaint.
• Bundles too big, skeleton arguments too long – then the court may simply refuse to accept them: preparation for hearing goes off the tracks.
• “Unnecessary, unhelpful and unacceptable”: over-long skeleton arguments – again.
• More on lengthy skeleton arguments.
• Witness statements too short: skeleton argument too long.

EXAMPLES ONLINE

• Skeleton arguments more examples online: You can have Cotton if you can’t have silk.
• Drafting skeleton arguments and notices of appeal: examples online.
• Drafting skeleton arguments and notices of appeal: more examples online.

LATE SKELETONS AND SANCTIONS

• Late skeleton arguments, adjournments and the overriding objective.
• Drafting a skeleton or want to serve an additional skeleton argument? Then you had better read this
• File a skeleton arguments – in is mandatory.
• Late skeleton arguments and late evidence: the government should do better
• Get bundles and skeleton arguments to court – or else.