| 1. |
A skeleton argument is intended to identify both for the parties and the court those points which are, and those that are not, in issue, and the nature of the argument in relation to those points which are in issue. It is not a substitute for oral argument.
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| 2. |
Every skeleton argument should therefore:
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(1) |
identify concisely:
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(a) |
the nature of the case generally, and the background facts insofar as they are relevant to the matter before the court;
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(b) |
the propositions of law relied on with references to the relevant authorities;
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(c) |
the submissions of fact to be made with reference to the evidence;
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(2) |
be as brief as the nature of the issues allows - it should not normally exceed 20 pages of double-spaced A4 paper and in many cases it should be much shorter than this;
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(3) |
be in numbered paragraphs and state the name (and contact details) of the advocate(s) who prepared it;
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(4) |
avoid arguing the case at length;
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(5) |
avoid formality and make use of abbreviations, e.g. C for Claimant, A/345 for bundle A page 345, 1.1.95 for 1st January 1995 etc.
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| 3. |
Paragraph 1 also applies to written summaries of opening speeches and final speeches. Even though in a large case these may necessarily be longer, they should still be as brief as the case allows.
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| 4. |
The documents which the Judge should if possible read before the hearing may be identified in a skeleton argument, but must in any event be listed in a separate reading list, if possible agreed between the advocates, which must be lodged with the agreed bundles, together with an estimate, if possible agreed, of the time required for the reading.
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| 5. |
Chronologies and indices should be non-contentious and agreed with the other parties if possible. If there is a material dispute about any event stated in the chronology, that should be stated in neutral terms and the competing versions shortly stated.
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| 6. |
If time and circumstances allow its preparation, a chronology or index to which all parties have contributed and agreed can be invaluable.
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| 7. |
Chronologies and indices once prepared can be easily updated and may be of continuing usefulness throughout the case.
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