A skeleton argument is the document that sets out your legal case to the court before a hearing. It is the most important written advocacy document you will prepare for a contested hearing. Done well, it can win the hearing before anyone has spoken. Done badly, it can damage your credibility.
This guide explains what a skeleton argument is, what judges expect to see and how to structure one properly.
A skeleton argument is a written summary of the legal arguments you intend to make at a hearing. It sets out the issues, the law that applies and how that law applies to the facts of your case.
Unlike a position statement (which is more procedural and factual) or a witness statement (which is sworn evidence), a skeleton argument is pure legal analysis. It is the advocate's written argument to the court.
Skeleton arguments are used in:
Not every hearing requires a skeleton argument. For routine directions hearings, a position statement is usually enough. Skeleton arguments are for hearings where the court will decide substantive issues.
The conventional structure for a skeleton argument is:
The case name, court, case number, hearing date and which party the skeleton is for.
A short paragraph explaining what the hearing is for and what the court is being asked to decide.
A concise summary of the relevant facts. Not every fact, only those relevant to the issues at this hearing. Use paragraph numbers throughout.
The specific questions the court will need to answer. A focused list of issues is one of the most useful things you can give the judge.
The legal framework that applies. This is where you set out the relevant statutes, rules and authorities. Use short quotations where the wording matters, but resist the temptation to cite everything.
Your argument. This is the longest section. For each issue, explain why the law applied to the facts produces the outcome you are asking for.
A short statement of what you are asking the court to do.
The name of the advocate (or party, if a litigant in person), the date and contact details.
Most family court skeletons are between five and fifteen pages. Civil skeletons can be longer for complex commercial cases. Appeal skeletons have specific page limits set by the appeal courts.
The key is brevity. Judges are time-pressured. A focused twelve-page skeleton has more impact than a sprawling thirty-page one. If you cannot summarise your case in fifteen pages, you probably need to refine your argument further.
A common approach to structuring legal arguments is the "issue, rule, application, conclusion" model. For each issue:
This structure forces clarity. If you cannot work through it for a particular point, your argument may not be as strong as you think.
Legal arguments rely on accurate citation. The basic rules are:
Refer to the statute by full name and year on first mention, then by short name. For example: "the Matrimonial Causes Act 1973 (the Act)". Reference specific sections as needed.
Use the standard citation format. For example: "White v White [2001] 1 AC 596". On first citation give the full name and citation; on subsequent mentions a shortened form is acceptable.
Cite the specific rule, for example "FPR 9.27" or "CPR 13.2".
Use direct quotations sparingly. They are most effective for short, important phrases. Long quotations should usually be paraphrased.
Speaking from experience of what judges value in skeleton arguments:
What judges do not want:
The skeleton is for legal argument. Save the factual narrative for your witness statement.
A skeleton without legal analysis is not really a skeleton. If you are not citing statutes or cases, you may be writing the wrong document.
Citing fifty cases for a single point dilutes your argument. Pick the leading authority and use it well.
These almost always damage your case. Stick to the legal issues.
A strong skeleton anticipates the other side's argument and explains why it does not succeed.
Judges respect advocates who acknowledge difficulties in their case and explain why those difficulties do not change the outcome. Pretending weaknesses do not exist undermines credibility.
Skeleton arguments should be filed at court and served on the other party in advance of the hearing. Specific timing depends on the type of hearing and any directions, but typically skeletons are filed two or more clear working days before the hearing.
For appeals and substantive applications, there are usually specific deadlines set by the court or in the practice directions. Check the directions made at the last hearing.
Writing a skeleton argument to professional standard is technically demanding. It requires legal analysis, careful structure and a clear understanding of the law. For substantive hearings, having a barrister prepare or review the skeleton is usually money well spent.
A direct access barrister can draft your skeleton, identify the strongest legal arguments and ensure the document meets the court's expectations.
Many of the people we help have already done significant work on their case themselves. A direct access barrister can step in at any stage, from initial advice through to representation at a final hearing. Get in touch to discuss your options.