Skeleton Argument

Question 1

Structure

Answer 1

1) The Agreed Issues
2) Issues in Dispute
3) The propositions of law relied on
4) The evidence required to deal with the disputed issues
5) The claimant
6) The defendant

Question 2

The Agreed issues

Answer 2

Set out nature of the case generally and the background facts in so far as they are relevant to the matter before the court

Question 3

Issues in dispute

Answer 3

Use the wording of the statements of case to formulate the question that the trial judge will have to determine e.g certain paragraphs from particulars of claim. Questions the court will have to determine. Might include:
1) Issues of liability
2) Quantum

Question 4

Issues in dispute - Liability example

Answer 4

1) Did the defendant install the Gate exercising reasonable skill and care?
2) Should the gate have been fitted with 3 rather than 2 hinges?
3) Did the Gate meet the industry standard

Question 5

Issues in dispute - Quantum example

Answer 5

1) Is the claim for lost rental income too remote?
2) Did the claimant suffer the following items of loss and damage?

Question 6

The propositions of law relied on

Answer 6

Cross references should be made to relevant authorities

Question 7

The evidence required to deal with the disputed issues

Answer 7

Cross-refer to the evidence in the trial bundle including reference to relevant paragraphs in witness statements or expert reports or page numbers in trial bundle