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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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