Drafting - defence skeleton

Question 1

What goes in the Agreed Issues?

Answer 1

Nature of case; background facts so far as relevant to matter before court.

Question 2

What is the first section of a skeleton argument for the defendant?

Answer 2

Issues agreed

Question 3

What comes after issues agreed in a skeleton argument?

Answer 3

Issues in dispute - start with liability first, stating the respective paras of PoC and defence and the question being asked to resolve.

Question 4

How should quantum be addressed in a skeleton argument?

Answer 4

Quantum should be taken each issue in turn in the same way with paras listed.

Question 5

What should be included in the law relied on section? Where does this come?

Answer 5

Propositions of law relied on for defendant

After issues in dispute (quantum)

Question 6

What evidence is required ?

Where does this come?

Answer 6

Evidence required to deal with disputed issues referring to evidence in trial bundle including witness statements and expert reports.

Comes after Propositions of law

Question 7

How should the claimant’s argument be structured?

Answer 7

The claimant:
Liability
- Factual evidence
- Expert evidence
Quantum
- Factual evidence
- Expert evidence

Question 8

How should the defendant’s argument be structured?

Answer 8

The defendant:
Liability
- Factual evidence
- Expert evidence
Quantum
- Factual evidence
- Expert evidence

Question 9

What should be included about the advocate at the end?

Answer 9

Details of advocate who prepared for the defendant.