A skeleton argument is a written document filed before a hearing that sets out, as concisely as possible, the arguments a party intends to rely on. It is not a summary of the case and not a written speech. Its function is to give the judge the shape of the argument before anyone stands up, so that the hearing itself can be spent on the points that actually divide the parties.
Practitioners produce them constantly, pupils are asked to draft them within weeks of starting, and judges read them before every substantial hearing. What follows sets out what the document must contain, where the requirements come from, and what separates a skeleton that helps a judge from one that irritates them.
Where the requirements come from
There is no single rule that governs every skeleton argument in every court. The fullest statement of what one must look like sits in Section V of Practice Direction 52A, which supplements Part 52 of the Civil Procedure Rules and applies to appeals. Beyond appeals, requirements come from the individual court guides and from directions given in the case itself, and they vary. A skeleton for a heavy Commercial Court trial and a skeleton for a short application in the County Court are governed by different expectations and different page limits, which is one reason knowing where a hearing sits in the court structure matters before drafting begins.
Practitioners should therefore work from the guide or direction that applies to their court and hearing rather than assuming PD 52A covers everything. That said, PD 52A is the most useful starting point, because its requirements express what judges want from the document generally.
What a skeleton argument must contain
Under PD 52A, the purpose of a skeleton argument is to assist the court by setting out as concisely as practicable the arguments on which a party intends to rely. The Practice Direction then imposes six requirements. A skeleton must be concise. It must both define and confine the areas of controversy. It must be set out in numbered paragraphs. It must be cross-referenced to any relevant document in the bundle. It must be self-contained, and must not incorporate material from earlier skeletons by reference. It must not include extensive quotations from documents or authorities.
Two further obligations attach to authorities. Where it is necessary to refer to one, the skeleton must state the proposition of law the authority demonstrates and identify the parts of it that support that proposition. If more than one authority is cited for the same proposition, the skeleton must briefly explain why.
PD 52A also expects the parties to consider what else the court will need. A chronology will be necessary in most appeals, and a list of the people involved or a glossary of technical terms may be required.
The costs sanction
The requirements have teeth. PD 52A provides that the cost of preparing a skeleton argument which does not comply, or which was filed outside the time limits, will not be allowed on assessment except as the court directs. Any statement of costs must show the amount claimed for the skeleton separately, which makes the sanction straightforward to apply.
That sanction matters. Under PD 52A, the costs of preparing a non-compliant or late skeleton will not be allowed on assessment, except where the court directs otherwise.
Format and length
Where a court imposes a limit, it is normally expressed in pages rather than words. In the Court of Appeal, PD 52C provides that a skeleton must comply with Section V of PD 52A and must not normally exceed 25 pages, printed on A4 in not less than 12 point font and 1.5 line spacing, and labelled to show whose skeleton it is.
Elsewhere the limits differ, and the applicable court guide is the place to check. The general principle holds across all of them: the limit is a ceiling, not a target. A judge who has allocated an hour of pre-reading to a case is not grateful for 25 pages when 12 would have done.
Skeletons, position statements and written submissions
The terms may overlap, and their meaning depends on the particular proceedings.
A position statement is used mainly in family proceedings, but its meaning varies by case type. Under PD 27A, in financial remedy proceedings it is the term for any form of written submission by a party or their advocate, including a skeleton argument. In other family proceedings it sets out a party’s position on the issues to be determined, and a skeleton argument is a separate document setting out the arguments supporting that position.
A written submission, or a note to the court, is usually produced during or after a hearing, dealing with a discrete point that has arisen, sometimes at the judge’s request. A closing submission is a different document again, prepared once the evidence is complete.
The skeleton comes first. It is filed before the hearing, and it frames what the hearing will be about.
What makes a skeleton work
The requirements describe a floor, not a standard. Several things distinguish a skeleton a judge is glad to have read.
It narrows. Defining and confining the areas of controversy is central to the document. A skeleton that identifies the issues genuinely requiring determination, and records matters agreed or no longer pursued, assists the tribunal more than one rehearsing the whole case. Any concession should follow proper consideration of the merits, the client’s interests, and its procedural and costs consequences.
It cross-references properly. Every factual assertion should carry a bundle reference. A judge reading at speed should never have to hunt for the document a paragraph depends on, and a skeleton that makes them do so loses authority with each attempt.
It states propositions, not case histories. The PD requirement to state what an authority demonstrates reflects a wider point about written advocacy. The court needs the proposition and the passage that supports it, not a recitation of the facts of the reported case.
It reads as argument. A skeleton is persuasive writing under procedural constraints, not a neutral summary. The reader should be able to see, from the opening paragraphs, what order is sought and why the party is entitled to it.
The failings are the mirror image: quoting at length instead of analysing, citing five authorities where one would do, hedging every proposition until no argument is discernible, and producing a document whose length reflects the time available rather than the difficulty of the issues.
Why the document matters more than it appears to
Written advocacy now carries a greater share of the persuasive burden than oral advocacy in many hearings. Judicial pre-reading is timetabled, oral argument is time-limited, and in some hearings the skeleton is the fullest version of a party’s case the court will ever receive. A barrister who treats it as a formality to be completed before the real work begins has misunderstood where the case is often won.
For pupils and junior practitioners, the discipline it imposes is the point. Reducing a case to numbered propositions, each anchored to a document and a proposition of law, exposes weaknesses that a fluent oral account can conceal. Most advocates find the argument improves in the drafting.
This article is information and analysis, not legal advice. Requirements for skeleton arguments vary between courts and hearing types, and practitioners should check the practice direction, court guide or order that applies to their case.
Frequently asked questions
What is a skeleton argument?
A skeleton argument is a written document filed before a hearing setting out, as concisely as practicable, the arguments a party intends to rely on. Under Practice Direction 52A its purpose is to assist the court, and it must be concise, numbered, cross-referenced to the bundle and self-contained.
Who prepares a skeleton argument?
The advocate who will present the case normally drafts it, which in most contested hearings is counsel. Litigants in person may also be required to file one where the court so directs.
How long should a skeleton argument be?
Length depends on the court and the hearing. In the Court of Appeal, Practice Direction 52C provides that a skeleton should not normally exceed 25 pages, in not less than 12 point font with 1.5 line spacing. Other courts set their own limits in their court guides, and the requirement to be concise applies regardless.
What is the difference between a skeleton argument and a position statement?
The distinction depends on the proceedings. Under PD 27A, in financial remedy cases a position statement covers any form of written submission, including a skeleton argument. In other family proceedings a position statement records the party’s position, while a skeleton argument is a separate document presenting the arguments supporting it. Check the rules applying in each case.
What happens if a skeleton argument does not comply with the rules?
Under PD 52A, the cost of preparing a non-compliant or late skeleton argument will not be allowed on assessment unless the court directs otherwise. Further requirements and sanctions apply in the Court of Appeal under PD 52C, and practitioners should check the provisions governing their own court.
Related reading
- The UK Court System and Judgments: A Practitioner’s Guide
- Supreme Court vs Court of Appeal vs High Court: What Each Court Actually Does
- How technology in the legal profession is changing advocacy
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