SKELETON ARGUMENTS: KEY POINTS AND ISSUES: ANOTHER REMINDER
Periodically I reprise the links to online guidance on skeleton arguments. Here we have a series of links to posts and articles giving guidance on written submissions.
“Sir James Hunt has told us of the (unattributed) judicial reaction on receiving a 35 page document which was to the effect “This is not a skeleton, it’s a fat stiff’. Nor would attribution add to the impact of the remarks of a judge who received a manuscript document covered in coffee seals on the morning of trial and said it was “difficult to read, disgusting to touch and impossible to understand. It is worse than no skeleton at all”
HOW TO DRAFT SKELETON ARGUMENTS
- 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.
This reminded me of an old family case Bristol City Council v A and A and SB and CB and Concateno and Trimega (interveners) [2012] EWHC 2548 (Fam) where Baker J commented on the length of the skeletons submitted. See para 10. Being the Family Court, the judge seemed good humoured about it all (para 11).
https://www.casemine.com/judgement/uk/5a8ff72760d03e7f57ea8bf7