*/
“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.”
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen
