Creating a Skeleton Argument for Court

By: Elizabeth Mugan BA/BSc, PGDipLaw, BVC, CIArb (11 Sep 19)

A skeleton argument is a document produced for the court. It is

most usually produced as a means of presenting the skeleton
or “bare bones” of a case before a trial. This gives the judge a
brief synopsis of the relevant matters for the court to consider
and also outlines both the agreed and disagreed issues
between the parties. The detail of the arguments is heard
before the court, orally during the trial or hearing.

When might you need to use one?

Skeleton arguments are usually prepared for interim
applications, contested hearings, final hearings and
appeals. These will be prepared by a solicitor or
barrister if you are legally represented. If, however, you
are a litigant in person, then you might need to draft
one yourself.
What should be included in a skeleton argument?
There is not a strict formula for a good skeleton argument but it
would normally include the following:
1. Set out the nature of the submissions i.e. your case
The first section should include a summary of the order you are
seeking and the Statute or Act the order falls under, for
example, a residence order under s. 8 Children Act 1989.
2. State the background to the case
This should include a section of any relevant background to the
case. This should only include information which is brief,
concise and will assist the court. This section should also
summarise what is agreed between the parties and what is
disagreed e.g. “the mother wants this but the father wants
this.”
An example might be: “The parents separated on [insert date].
At a hearing on [insert date] before [insert judge name] an
order for contact in the interim was agreed. The mother's
application for sole residence is not agreed.”

3. Set out the points of law and authority

This section should set out any legal authorities or precedents
you are relying on in your submissions. This is usually case law,
where a similar case has been before the courts and you can
use the same case to support your own. You should use the
most recent case law that you can find.
4. Make any submissions of fact
This section would provide a brief outline of your main
arguments. You should refer to facts supported in the evidence.
This may be witness statements, CAFCASS reports, welfare
reports and anything which is relevant and relates to any of the
issues put before the court.

The way to refer to a report in the court bundle, for example,

would be [C136 para 4] for a report contained within Section C
of the bundle, at page 136, paragraph 4.

5. Summary setting out precisely what the court is being asked to do

The summary should set out exactly what you want the court to
do, or in other words, what you request the court orders to do.
For a father asking the court to grant shared residence, this
may be that the father wishes for the children to reside with
him and the mother on alternate weekends and for him to have
the children each Wednesday and Thursday overnight, plus for
half of all of the holidays. This should be captured within the
summary.
6. Reading list/cases
If there are any cases you are referring to within your
submissions then it is wise to append a reading list and/or a
copy of the cases to the skeleton. This helps to ensure that you
make everything as easy as possible for the court. You should
also, if possible, estimate the length of reading time that will be
required. It is important to note that skeleton arguments do
vary according to complexity of the issues.
Formatting, length, content and structure
There are a number of Practice Directions and guidelines in
relation to formatting of the skeleton:

 The font should be Times New Roman in size 12.

 The line spacing should be set at 1.5, to make the text
easier to read.
 Paragraphs should be numbered so that they are easily
referred to.
 The left hand margin should be set to at least 2.5cm.
When it is included into the court bundle, none of the text
is covered when it is bound together.
 Include page numbers in the top right hand corner of each
page, to correspond with the page numbering in the court
bundle. This will again, make it much easier to refer the
court to when making submission. This can be done in
pencil so that if something else needs to be inserted, the
page numbers can be amended.

Remember...
The skeleton should be as brief and concise as possible. Your
submissions in the skeleton will be fleshed out when you are in
court. It is not a substitute for oral argument. A skeleton should
rarely exceed five pages. Use abbreviations where ever
possible, but make sure that they can be understood by the
court and the parties.