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14 October 2011 / David Pope
Issue: 7485 / Categories: Opinion , Procedure & practice
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Why size matters

David Pope laments hefty skeletons

The growth of written advocacy is one of the most striking recent developments in English civil justice. It is still not 30 years since Lord Donaldson officially sanctioned the use of “a skeleton of the argument” in the Court of Appeal. Yet today, skeleton arguments are mandatory for all but the most inconsequential hearings in the civil courts.

Written advocacy has flourished because it serves several useful functions. For judges, skeleton arguments permit more economical use of time spent in court; knowing in advance what a case is about allows judges to prepare for and conduct hearings more efficiently. Well-written skeleton arguments are also often judges’ first resort when producing judgments.

For advocates, anything that assists judges is, naturally, a good idea. But written advocacy doesn’t just help judges, it persuades them. Judges routinely form provisional views of cases based on their pre-reading. Provisional views, once formed, are notoriously hard to shift. So get a decent skeleton argument under the judge’s nose and an advocate can win a case

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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