*/
“Mild rebukes to counsel” and “gentle comments in judgments” are failing to get the message across that too many skeleton arguments remain “poor quality” and of “excessive length”, Lord Justice Jackson has warned.
Delivering the public reprimand in Inplayer Ltd & Anor v Thorogood [2014] EWCA Civ 1511, Jackson LJ said that in spite of previous judicial protests and the threat of costs penalties “so far, unfortunately, this message has failed to reach the profession...with regret, I must speak more bluntly.”
“As anyone who has drafted skeleton arguments knows, the task is not rocket science. It just requires a few minutes clear thought and planning before you start. A good skeleton argument (of which we receive many) is a real help to judges when they are pre-reading the (usually voluminous) bundles. A bad skeleton argument simply adds to the paper jungle through which judges must hack their way in an effort to identify the issues and the competing arguments.
“A good skeleton argument is a real aid to the court during and after the hearing. A bad skeleton argument may be so unhelpful that the court simply proceeds on the basis of the grounds of appeal and whatever counsel says on the day.
“The appellant’s skeleton argument in this case does not comply with the rules,” he continued. “It is 35 pages of rambling prolixity through which the reader must struggle to track down the relevant facts, issues and arguments.”
The successful appellant, represented by the Law Society Excellence Awards Solicitor Advocate of the Year 2014, Adam Tear, was entitled to costs but could not recover the costs of the skeleton argument, he ruled.
“As anyone who has drafted skeleton arguments knows, the task is not rocket science. It just requires a few minutes clear thought and planning before you start. A good skeleton argument (of which we receive many) is a real help to judges when they are pre-reading the (usually voluminous) bundles. A bad skeleton argument simply adds to the paper jungle through which judges must hack their way in an effort to identify the issues and the competing arguments.
“A good skeleton argument is a real aid to the court during and after the hearing. A bad skeleton argument may be so unhelpful that the court simply proceeds on the basis of the grounds of appeal and whatever counsel says on the day.
“The appellant’s skeleton argument in this case does not comply with the rules,” he continued. “It is 35 pages of rambling prolixity through which the reader must struggle to track down the relevant facts, issues and arguments.”
The successful appellant, represented by the Law Society Excellence Awards Solicitor Advocate of the Year 2014, Adam Tear, was entitled to costs but could not recover the costs of the skeleton argument, he ruled.
“Mild rebukes to counsel” and “gentle comments in judgments” are failing to get the message across that too many skeleton arguments remain “poor quality” and of “excessive length”, Lord Justice Jackson has warned.
Delivering the public reprimand in Inplayer Ltd & Anor v Thorogood [2014] EWCA Civ 1511, Jackson LJ said that in spite of previous judicial protests and the threat of costs penalties “so far, unfortunately, this message has failed to reach the profession...with regret, I must speak more bluntly.”
On both fronts – representing the Bar’s interests and protecting the rule of law
Kate West discusses how best to interpret a drug test report, and the common misconceptions about what can be learnt from a drug test
Ashley Hodgkinson looks at drug testing methods and some of the most common ways people try to cheat a drug test
Clerksroom Chambers has recruited Matthew Wildish from 3 Paper Buildings (3PB) to a newly created position of Director of Clerking. Matthew joined the team at Clerksroom on 1 June
... have you seen through yours? asks Julian Morgan
Opportunity for female sopranos/contraltos in secondary education, or who have recently finished secondary education but have not yet begun tertiary education. Eligibility includes children of members of the Bar
Clerksroom Chambers has recruited Matthew Wildish from 3 Paper Buildings (3PB) to a newly created position of Director of Clerking. Matthew joined the team at Clerksroom on 1 June
In this tale of hope, success really has been the best revenge! A difficult journey teaches Rehana Azib QC invaluable lessons along the way
The Chief Inspector of the CPS knows first-hand the difficulties prosecutors face but is no pushover. He talks to Anthony Inglese CB about Operation Soteria, putting victims and cooperation at the heart of criminal justice reform, and his unique and life-changing career prosecuting the crime of all crimes, genocide
Having represented many Davids against many Goliaths over a 30+year career at the publicly funded Bar, renowned silk Professor Leslie Thomas QC critically assesses what the Human Rights Act currently under challenge has done for coronial law and equality of arms
The future of robotics in surgery is likely to hinge on what it enables does the legal system yet have the tools to protect patients?Conor Dufficy and Finn Stevenson investigate
