IF YOU ARE GOING TO HAVE LONG SKELETON ARGUMENTS – THEN GIVE THE JUDGE AN INDEX OR LIST OF CONTENTS: A CHANCE TO REVIEW CASES, LINKS AND GUIDANCE ON DRAFTING SKELETONS
There are limits on the length of skeleton arguments. These are often exceeded. Here the judge observes that if skeletons are going to be lengthy then the advocates should assist the court by providing an index or list of contents. …
“LESS IS MORE” WHEN DRAFTING NOTICES OF APPEAL: THE “KITCHEN SINK” APPROACH DOES NOT PERSUADE THE COURT OF APPEAL TO GRANT PERMISSION
When a Lord Justice of Appeal looks at a notice of appeal and skeleton and refers to a “kitchen sink” approach, we can probably surmise that a proposed appellant is going to have some difficulty here. When of their colleagues…
THIS SKELETON ARGUMENT IS FAR TOO LONG, DOES NOT COMPLY WITH THE RULES – AND ISN’T GOING TO BE ADMITTED
In Henderson & Jones Ltd & Ors v Grange Heating Services Ltd & Ors (COSTS) [2024] EWHC 3572 (TCC) Adrian Williamson KC (sitting as a High Court Judge) refused to admit a “skeleton” argument that was too long and did…
LATE SKELETON ARGUMENTS DO NOT A HAPPY JUDGE MAKE II: THE COURT MAY IMPOSE SANCTIONS IN APPROPRIATE CASES
In Corfield v Howard [2024] EWHC 2727 (Comm) HH Judge Davis-White KC (sitting as a Judge of the King’s Bench Division) reminded practitioners of the need for skeleton arguments to be filed in time accordance with court orders. …
SERVING A SKELETON LATE DOES NOT A HAPPY JUDGE MAKE: IT IS A VICE TO SUPPLY MATERIALS LATE IN THE DAY
In Karimi, R (On the Application Of) v Sheffield City Council [2024] EWHC 93 (Admin) Fordham J sent out a reminder to practitioners (and particularly those who draft skeleton arguments) of the need to file skeleton arguments in accordance with…
WHEN A SKELETON ARGUMENT TRIES TO INTRODUCE EXPERT EVIDENCE: AN APPROACH DEPRECATED BY THE COURT
We have seen many examples of witness statements trying to give expert evidence on this blog. There have been posts about occasional attempts to deal with lacunas in evidence by introducing that evidence in written submissions. In Re C (‘parental…
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…
APPEALS, BUNDLES AND “SPEAKING NOTES”: BUNDLES(INCLUDING PAGE NUMBERING) GO AWRY: A “SPEAKING NOTE” IS NOT TO BE USED AS A SUPPLEMENTARY SKELETON ARGUMENT
The judgment of Mr Justice Ritchie in Masih & Anor v Royal Wolverhampton NHS Trust [2023] EWHC 1280 (KB) contains many matters of interest in relation to the conduct of the trial and appeal. Here we look at two aspects:…
SKELETON ARGUMENTS: KEY POINTS AND ISSUES: A 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…
SKELETON ARGUMENTS: NOT TOO LONG, NOT TOO SHORT: MISSIVE FROM THE HIGH COURT: THE IMPORTANCE OF GETTING THEM “JUST RIGHT”
In Overd & Ors v The Chief Constable of Avon And Somerset Constabulary [2021] EWHC 3100 (QB) Mr Justice Linden reminded advocates of the guidance relating to skeleton arguments. One was too long, the other too short. THE…
“PROCEDURAL RIGOUR IS IMPORTANT NOT FOR ITS OWN SAKE. IT IS IMPORTANT IN ORDER FOR JUSTICE TO BE DONE”
In R v Secretary of State for Health and Social Care and Secretary of State for Education ex parte Dolan and Others. [2020] EWCA Civ 1605 the Court of Appeal rejected an argument that the “lockdown” regulations were unlawful. However,…
COVID REPEATS 19: THOSE ADVOCATES WHO ARE GOING TO HELL (AND NOT BECAUSE THEY ARE THE DEVIL’S ADVOCATES)
Some advocates are going to hell. This may seem obvious, but the details were fleshed out by Lord Justice Irwin when giving a talk to the Professional Negligence Bar Association on the 17th April 2018 . It is possible to…
“WHAT’S THE DIFFERENCE BETWEEN A SKELETON ARGUMENT AND A WITNESS STATEMENT?” NOW THERE’S A QUESTION…
That very question “the difference between a skeleton argument and a witness statement” appeared in a search that led someone to this blog today. It may be worrying that someone has to ask. The important distinction is often ignored. Day…
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…
PROVING THINGS 144: THAT TEMPTATION TO PUT MATTERS IN THE SKELETON THAT AREN’T ESTABLISHED BY THE EVIDENCE: ALSO – THE POWER OF LISTS
We have looked before at attempts to use a skeleton argument to introduce evidence (often made in desperation to be fair). An example of this can be seen in a short passage in the judgment in Schettini v Silvestri & Ors…
SKELETON ARGUMENTS: A ROUND UP: GUIDANCE ON DRAFTING: JUDICIAL COMPLAINTS (& THERE ARE PLENTY): EXAMPLES ONLINE & SANCTIONS FOR LATE SERVICE
Recent online discussions about skeleton arguments started with a search term that led to this blog “how long should a skeleton argument be?” This was probably a good time to provide a review highlighting all the posts about skeleton arguments…
LATE SKELETON ARGUMENTS AND LATE EVIDENCE: THE GOVERNMENT SHOULD DO BETTER: DIVISIONAL COURT DECISION: A TEXTBOOK EXAMPLE OF WHAT NOT TO SAY AND DO
In The National Council for Civil Liberties (Liberty), R (On the Application Of) v Secretary of State for the Home Department & Anor (Procedural Matters) [2018] HC 976 (Admin) the Divisional Court took care to file a supplemental judgment that dealt…
ADVOCACY: THE JUDGE’S VIEW SERIES 3: PART 1: THERE IS A SPECIAL RING IN HELL FOR A CERTAIN TYPE OF ADVOCATE (& YOU KNOW WHO YOU ARE)
I had no plans for a further series on judge’s advice advocacy. However my hand was forced. I had to share the talk given by Lord Justice Irwin given to the Professional Negligence Bar Association on the 17th April. It…
SKELETON ARGUMENTS: GET THE FONT SIZE RIGHT, AND THE LENGTH CORRECT: OR IT COULD COST YOU
The Administrative Court Clerks Users Group has sent out an email to many chambers in relation to the format of skeleton arguments. If you did not receive this it is worth reading. THE EMAIL: SIZE AND FONTS OF SKELETON ARGUMENTS…
PARTIES MUST OBTAIN AN ORDER FOR A HEARING OF A PRELIMINARY ISSUE: (MORE ON LENGTHY SKELETON ARGUMENTS)
In Bokova v Associated Newspapers Ltd [2018] EWHC 320 (QB) Mr Justice Dingemans considered several important issues of procedure. Firstly the need for parties to obtain an order for a hearing on a preliminary issue rather than simply turning up on…
ADVOCACY – THE JUDGE’S VIEW, SERIES 2 PART 3: SKELETON ARGUMENTS, PREPARATION AND PRESENTATION: AN ABSOLUTE GOLDMINE
This blog has many posts that record cases where judges have been critical of the contents (and usually length) of skeleton arguments. A remedy for most of these issues has been available since 2004. Gray’s Inn prepared a paper “Skeleton…
BUNDLES TOO BIG, SKELETON ARGUMENTS TOO LONG – THEN THE COURT MAY SIMPLY REFUSE TO ACCEPT THEM: PREPARATION FOR HEARING GOES OFF THE TRACKS
The problems caused by over-lengthy skeleton arguments and voluminous bundles feature regularly on this blog. They are, in fact, some of the most widely read posts on the blog. I do not have to go looking for cases on these…
SKELETON ARGUMENTS TOO LONG & AMOUNT OF DOCUMENTS “ABSURD”: A JUSTIFIABLE JUDICIAL COMPLAINT
In ICAP Management Services Limited -v- Berry [2017] EWHC 1321 (QB) Mr Justice Garnham added his voice to those judges who have protested about the length of skeleton arguments and written submissions and the burden of unnecessary documents. “It is…
FILE A SKELETON ARGUMENT – IT IS MANDATORY
Many of the posts about skeleton arguments on this blog have been about content (usually length), The surprising aspect of R -v- Secretary of State for the Home Department [2017] EWHC 639 (Admin) is that both sides decided not to file…
LATE SKELETON ARGUMENTS, ADJOURNMENTS AND THE OVERRIDING OBJECTIVE
In Owgilo -v- The General Medical Council [2017] EWHC 419(Admin) Mr Justice Dove considered the situation when a witness statement was served late and the applicant requested an adjournment. The overriding objective played a prominent part in the decisions made….
TOO LATE AND TOO LONG: OCEANS APART BUT TWO JUDGES HAVE THE SAME VIEW ON LAWYERS' LATE & LENGTHY SUBMISSIONS
Some parts of the legal profession do not have a reputation for concision. It is interesting to see similar observations coming from two judges, in two very different jurisdictions, on the same day. “Sly lawyers take advantage of this institutional…
UNNECESSARY MATERIAL, DUPLICATION AND INFORMATION OVERLOAD: ANOTHER JUDGE'S LAMENT
The observations of Mr Justice Kerr at the end of his judgment in Kimmance -v- General Medical Council [2016] EWHC 1808 (Admin) contains some familiar themes in relation to the preparation of cases: bundles, citations and skeletons. “The parties should…
THIS IS A SORRY TALE OF WOE:SPECULATIVE SKELETON ARGUMENTS ARE OF NO ASSISTANCE
In Lokhova -v- Tymula [2016] EWHC 225(QB) Mr Justice Dingemans set out a sorry tale of procedural issues in relation to applications in a defamation action. There are important observations in relation to co-operation; service of witness evidence and the…
PICKING UP BAD CITATIONS: & SKELETON ARGUMENTS – STILL TOO LONG:
In an afternote to his judgement in Commercial Management (Investments) Ltd -v- Mitchell Design and Construct Ltd [2016] EWHC 76 (TCC) Mr Justice Edwards-Stuart added his voice to the many judges who have commented on the excessive length of skeleton…
WITNESS STATEMENT TOO SHORT; SKELETON ARGUMENT TOO LONG AND THE JUDGE WAS NOT NOT PERVERSE
In Royal Wolverhampton Hospitals NHS Trust -v- Evans [2015] EWCA Civ 1059 the Court of Appeal rejected an appeal by the defendant against a finding of liability. There are important observations in relation to procedure which merit examination. In…
WRITTEN ADVOCACY: CANDOUR & CONCISION ESSENTIAL GUIDANCE FROM CANADA
One of the advantages of writing a blog is that you can point out useful posts and articles. Anyone involved in legal argument benefit the guidance by John L Laskin J.A. in Forget the Wind-Up and Make the Pitch Some…
RELIEF FROM SANCTIONS AND COSTS IN THE ADMINISTRATIVE COURT: NO DOUBLE STANDARDS FOR THE GOVERNMENT
In The Queen (on the application of Bhatt) -v- The Secretary of State for the Home Department [2015] EWHC 1724 (Admin) Helen Mountfield QC (sitting as a Deputy Judge) made some interesting observations in relation to the Denton principles, conduct…
LENGTHY BUNDLES AND INTERIM COSTS: OBSERVATIONS FROM THE TECHNOLOGY & CONSTRUCTION COURT
The two judgments of Mr Justice Akenhead in the Secretary of State for the Home Environment -v- Raythean Systems Limited [2014] EWHC 4375 (TCC) and [2015] EWHC 311 (TCC) contain some familiar motifs in relation to the size of bundles,…
GET BUNDLES AND SKELETON ARGUMENTS TO COURT – OR ELSE: CHIEF CONSTABLE COPS IT
There is a brief report on Lawtel today of the case of Marsh -v- Ministry of Justice (QB Phillips J 20/01/2015)*. It provides an object lesson on the need for all parties (and non-parties) to lodge – or re-lodge -…
MORE ON SKELETON ARGUMENTS: DO THEM PROPERLY OR YOU DON'T GET PAID (THE TRIQUEL)
For the third time in the past few months Jackson L.J. has spoken out against over-lengthy skeleton arguments. The costs of preparing those skeletons have been disallowed on each occasion. This is what happened in Inplayer Ltd -v- Thorogood [2014]…
THE ROLE OF THE APPELLATE COURT IN CONSIDERING FINDINGS OF FACT
In Clydesdale Bank -v- Duffy [2014] EWCA Civ 1260 the Court of Appeal set out a clear statement of the limited role of the appeal court in considering appeals in relation to findings of fact by the trial judge. THE…
DRAFTING A SKELETON OR WANT TO SERVE AN ADDITIONAL SKELETON ARGUMENT? THEN YOU HAD BETTER READ THIS
We have looked before at judicial complaints about the length and extent of skeleton arguments. Similar grievances can be seen in the judgment of the Court of Appeal earlier this week in Tchenguiz -v- Director of the Serious Fraud Office…
TRIAL PREPARATION, BUNDLES & WITNESS STATEMENTS: THE JUDGE'S LAMENT
The earlier post on the decision in Weathford -v- Hydropath concentrated upon the application for a non-party costs order. However in the primary judgment on liability the judge made some all too common criticisms in relation to trial preparation, skeleton…
USELESS BUNDLES; LENGTHY SKELETONS AND JUDICIAL IRE: THE COURT OF APPEAL RUES INABILITY TO IMPOSE "OLD FASHIONED" SANCTIONS
This is not the first time CLB has commented on judicial complaints about over-long skeletons and poorly thought out bundles. These points are made again by the Court of Appeal in Caldero Trading -v- Leibson [2014] EWCA Civ 935. The…
SKELETON ARGUMENTS: MORE EXAMPLES ON LINE: YOU CAN HAVE COTTON IF YOU CAN'T HAVE SILK
I have posted recently about judicial exasperation about the length of skeleton arguments, with the costs of the skeletons being disallowed in full. One difficulty that many students and junior practitioners face is that there are few skeleton arguments that…
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