header-logo header-logo

14 October 2011 / David Pope
Issue: 7485 / Categories: Opinion , Procedure & practice
printer mail-detail

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

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll