This was said in the more recent High Court case mentioned above:Part of the art is knowing what not do, and not just what to include.You'll be less likely to have to make your arguments up as you go.There is no point handing a judge a skeleton argument in court. You'll see that the format and approach is in no way identical. It is your job to get a feel for what they will be arguing against you so that when it comes to your turn to be on your feet, either before them or after them, you have prepared a rebuttal for their submissions. If you make it too long, the judge might not read it at all.Parties are also able to attach documents to a skeleton argument, where appropriate:And, if you don't send the Skeleton in advance of the hearing (at least 24 hours), the judge may not have time to read it.Submissions (aka arguments) are for skeleton arguments.Here's a bit of context of the environment within your skeleton argument will probably be read.Also, try to avoid referring to people by their last name alone. 9. 3. The million pound question is how long should it be? It is the first opportunity the judge has to evaluate you as an advocate. Awaiting a skeleton when it is past the deadline can be ever so frustrating because the reason it hasn’t been sent could be perfectly innocent or it could be because your opponents are taking the time to read your skeleton and then amend theirs before they send it over. Then comes the waiting. And the judge can ask you about a specific part of it by referring to the paragraph number. You’re making their job harder.Don't leave yourself in a position where your skeleton argument is:A skeleton argument for trial for a claim (say in the case for fraud) should at least include:The basic points are covered in the template.This is an non-necessary category.When you have completed drafting the skeleton argument, ask yourself: how long would it take you to read the skeleton argument and the parts of the documents that you refer to in it?They summarise what you will say to the judge at the hearing. You usually agree a time that they will be sent, and then send them at that time. …
The general guidelines are:If the other party does not prepare a skeleton argument, it's a good idea to hand them a copy of yours outside court.The investment of time you make in a skeleton argument saves everyone time.If it covers what it should, it allows the judge to be better prepared for your hearing.If they then tell the judge they only just received it outside court, remind the judge that they either:Drafting one will also force you to think through your case, and how you are going to say things in court.Most courts require the skeleton arguments to be filed by 10.00am the day before the hearing. An example can be seen in the case of PP v MS & Ors EWHC 768 (Fam). This gives the judge a brief synopsis of the relevant matters for the court to consider and also outlines both the agreed and disagreed issues between the parties. It's considered rude and disrespectful. Don't switch to "Sally Jones" or "Jones".Skeletons are usually filed with the court the day before the hearing.Also, they should be exchanged with the other parties due to appear at the hearing, the day before. Whether you are for the appellant or respondent, the skeleton argument should inform the judge which side you are on and (if necessary) who is joining you in representing the appellant or the respondent.
Learn from the Skeleton Masters! You’re able to see below what a Court of Appeal judge said when he got miffed by the skeleton arguments filed for a hearing.It makes sense to make the judge's job as simple as it can be.It’s important to focus on the relevant facts, issues and arguments that are relevant for the specific hearing.A skeleton argument is not intended to be:Or you could look at it another way. It is not unknown for teams to send their skeleton arguments earlier than the deadline, nor is it unknown for teams to send them after the deadline. Check out the Example Moot Problem to see what they are responding to. SKELETON ARGUMENTS: MORE EXAMPLES ON LINE: YOU CAN HAVE COTTON IF YOU CAN'T HAVE SILK The MOJ’s skeleton argument The Respondent’s (defendant’s) skeleton argument The Appellant’s skeleton argumen Any separate skeleton argument has to be filed and served on the respondent with your completed notice or, if you are unable to complete your skeleton argument in time, no later than 14 days after filing your notice.
This provides (as summarised in paragraph 14 of the Committee Report – CB/4/527): 15 Registration of greens SKELETON ARGUMENTS: A PRACTITIONERS’ GUIDE Over the past few years, we have been fortunate enough to have been able to include among the papers for these training weekends three excellent papers on skeleton arguments written by Lord Justice Mummery, Mr Justice Hunt and Edmund Lawson Q.C., the last of which appended a fictional skeleton argument The key here is to summarise your best points and what it is you are going to say on the day of the moot.Regardless of who you are representing, look at the ground of appeal you are arguing for or against.