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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
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APPEALS: POINTS OF LAW AND BUNDLES: LITIGANTS SHOWN THE YELLOW CARD: YOU CAN READ THE RULES HERE

APPEALS: POINTS OF LAW AND BUNDLES: LITIGANTS SHOWN THE YELLOW CARD: YOU CAN READ THE RULES HERE

June 16, 2022 · by gexall · in Appeals, Bundles, Written advocacy

In  Banks v Blount [2022] EWHC 1491 (QB) Mr Justice Ritchie was critical of an appellant for failing to comply with two basic elements of the practice directions relating to appeals.  The need for clarity and precision when referring to…

DRAFTING SKELETON ARGUMENTS: ROUNDING UP THE POSTS

DRAFTING SKELETON ARGUMENTS: ROUNDING UP THE POSTS

November 22, 2019 · by gexall · in Advocacy, Appeals, Applications, Written advocacy

  Here we look at some guidance, and some previous posts on this blog, about drafting skeleton arguments. “Sir James Hunt has told us of the (unattributed) judicial reaction on receiving a 35 page document which was to the effect…

SKELETON ARGUMENTS: BE SUCCINCT AND TO THE POINT: "THE ISSUE WAS ALL BUT LOST IN THE PLETHORA OF PAPER": COURT OF APPEAL FIRES WARNING SHOT

SKELETON ARGUMENTS: BE SUCCINCT AND TO THE POINT: “THE ISSUE WAS ALL BUT LOST IN THE PLETHORA OF PAPER”: COURT OF APPEAL FIRES WARNING SHOT

January 4, 2019 · by gexall · in Appeals, Applications, Civil Procedure, Written advocacy

 Now that Lord Justice Jackson has retired someone needs to take his place to provide the (more or less quarterly) reminder to practitioners to keep skeleton arguments short and to the point.   Step in Lord Justice Hickinbottom in Harverye v The…

USING A SKELETON ARGUMENT TO TRY TO FILL GAPS IN THE EVIDENCE  THIS IS NOT GOING TO END WELL...

USING A SKELETON ARGUMENT TO TRY TO FILL GAPS IN THE EVIDENCE THIS IS NOT GOING TO END WELL…

October 12, 2018 · by gexall · in Advocacy, Appeals, Case Management, Civil evidence, Witness statements, Written advocacy

The judgment today in M&P Enterprises (London) Ltd v Norfolk Square (Northern Section) Ltd [2018] EWHC 2665 (Ch) makes interesting reading. The appeal concerned criticisms of the conduct of a trial by a circuit judge.  The main difficulty was that the…

WHEN AN APPEAL MISSES THE POINT: APPELLANT FAILED TO IDENTIFY THE ISSUES ON APPEAL

WHEN AN APPEAL MISSES THE POINT: APPELLANT FAILED TO IDENTIFY THE ISSUES ON APPEAL

December 4, 2017 · by gexall · in Appeals, Written advocacy

There are some surprising observations in the judgment in The Bar Standards Board (BSB) v Crawford [2017] EWHC 3101 (Admin).  Not the least that the appellant’s documents did not deal with central issues in the appeal. “The grounds of appeal in…

"UNNECESSARY, UNHELPFUL & UNACCEPTABLE" : OVER-LONG SKELETON ARGUMENTS – AGAIN.

January 6, 2017 · by gexall · in Appeals, Skeleton arguments, Uncategorized

There have been a series of judgments in the civil courts, notably from Jackson L.J., commenting on the length of skeleton arguments.  The criminal courts are not immune. In R -v- Brandford [2016] EWCA Crim 1749 the Court of Appeal…

WRITTEN SUBMISSIONS: STATEMENTS OF ISSUES; PLEADING AND PROOF

October 12, 2014 · by gexall · in Appeals, Civil Procedure, Statements of Case, Written advocacy

The decision of Mr Justice Walker in Burrows -v- Northumbrian Walker Ltd [2014] EWHC 3305(QB) considers the need for clarity in written submission and for the issues the judge is asked to determine to be clearly defined. It also considers…

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