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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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SKELETON ARGUMENTS: KEY POINTS AND ISSUES: A REMINDER

SKELETON ARGUMENTS: KEY POINTS AND ISSUES: A REMINDER

July 22, 2022 · by gexall · in Written advocacy

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"

SKELETON ARGUMENTS: NOT TOO LONG, NOT TOO SHORT: MISSIVE FROM THE HIGH COURT: THE IMPORTANCE OF GETTING THEM “JUST RIGHT”

December 1, 2021 · by gexall · in Appeals, Written advocacy

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"

“PROCEDURAL RIGOUR IS IMPORTANT NOT FOR ITS OWN SAKE. IT IS IMPORTANT IN ORDER FOR JUSTICE TO BE DONE”

December 1, 2020 · by gexall · in Appeals, Written advocacy

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)

COVID REPEATS 19: THOSE ADVOCATES WHO ARE GOING TO HELL (AND NOT BECAUSE THEY ARE THE DEVIL’S ADVOCATES)

May 12, 2020 · by gexall · in Advocacy, Applications, Written advocacy

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...

“WHAT’S THE DIFFERENCE BETWEEN A SKELETON ARGUMENT AND A WITNESS STATEMENT?” NOW THERE’S A QUESTION…

September 22, 2019 · by gexall · in Advocacy, Applications, Civil evidence, Civil Procedure, Witness statements, Written advocacy

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

HOW TO DRAFT A SKELETON ARGUMENT: GUIDANCE AND LINKS REVISITED

April 15, 2019 · by gexall · in Useful links, Written advocacy

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

PROVING THINGS 144: THAT TEMPTATION TO PUT MATTERS IN THE SKELETON THAT AREN’T ESTABLISHED BY THE EVIDENCE: ALSO – THE POWER OF LISTS

March 7, 2019 · by gexall · in Appeals, Applications, Costs, Written advocacy

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

SKELETON ARGUMENTS: A ROUND UP: GUIDANCE ON DRAFTING: JUDICIAL COMPLAINTS (& THERE ARE PLENTY): EXAMPLES ONLINE & SANCTIONS FOR LATE SERVICE

August 26, 2018 · by gexall · in Appeals, Applications, Case Management, Civil Procedure, Written advocacy

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

LATE SKELETON ARGUMENTS AND LATE EVIDENCE: THE GOVERNMENT SHOULD DO BETTER: DIVISIONAL COURT DECISION: A TEXTBOOK EXAMPLE OF WHAT NOT TO SAY AND DO

April 27, 2018 · by gexall · in Applications, Case Management, Civil evidence, Relief from sanctions, Sanctions, Witness statements, Written advocacy

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)

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)

April 26, 2018 · by gexall · in Advocacy, Witness statements, Written advocacy

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

SKELETON ARGUMENTS: GET THE FONT SIZE RIGHT, AND THE LENGTH CORRECT: OR IT COULD COST YOU

March 15, 2018 · by gexall · in Appeals, Bundles, Case Management, Written advocacy

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)

PARTIES MUST OBTAIN AN ORDER FOR A HEARING OF A PRELIMINARY ISSUE: (MORE ON LENGTHY SKELETON ARGUMENTS)

March 13, 2018 · by gexall · in Applications, Case Management, Written advocacy

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

ADVOCACY – THE JUDGE’S VIEW, SERIES 2 PART 3: SKELETON ARGUMENTS, PREPARATION AND PRESENTATION: AN ABSOLUTE GOLDMINE

November 14, 2017 · by gexall · in Applications, Civil Procedure, Skeleton arguments, Uncategorized, Written advocacy

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

BUNDLES TOO BIG, SKELETON ARGUMENTS TOO LONG – THEN THE COURT MAY SIMPLY REFUSE TO ACCEPT THEM: PREPARATION FOR HEARING GOES OFF THE TRACKS

September 8, 2017 · by gexall · in Bundles, Written advocacy

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

SKELETON ARGUMENTS TOO LONG & AMOUNT OF DOCUMENTS “ABSURD”: A JUSTIFIABLE JUDICIAL COMPLAINT

June 13, 2017 · by gexall · in Applications, Bundles, Written advocacy

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

FILE A SKELETON ARGUMENT – IT IS MANDATORY

April 5, 2017 · by gexall · in Civil Procedure, Written advocacy

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

LATE SKELETON ARGUMENTS, ADJOURNMENTS AND THE OVERRIDING OBJECTIVE

March 9, 2017 · by gexall · in Adjournments, Appeals, Written advocacy

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

August 5, 2016 · by gexall · in Applications, Uncategorized, Written advocacy

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

July 28, 2016 · by gexall · in Bundles, Case Management, Civil evidence, Uncategorized, Written advocacy

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

February 12, 2016 · by gexall · in Applications, Conduct, Uncategorized, Witness statements, Written advocacy

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…

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