header-logo header-logo

The bare bones

04 June 2013 / Janna Purdie
Categories: Features , Procedure & practice , LexisPSL
printer mail-detail

Janna Purdie emphasises the increasing importance of keeping skeleton arguments in check

The clue is in the name. A skeleton argument is a written document provided to the court in advance of the hearing which summarises the issues to be addressed and the authorities to be relied upon. The purpose is to provide a platform for the advocate to make the party's case during oral submissions, ie the bare bones of the case to which the advocate will add flesh during submissions. The CPR clearly sets out what is required for the purposes of a skeleton argument and many practitioners comply with those provisions. However, some simply chose to ignore them and produce lengthy skeletons which fail to focus on the issues the court is required to determine.

The Court of Appeal has focused on the length of skeleton arguments in the past. Examples can be seen in Tombstone v Raja [2008] EWCA Civ 1444, where the skeleton argument for one party ran to 110 pages, in Midgulf v Groupe Chimique Tunisien [2010] EWCA Civ

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll