Mastering Skeleton Arguments: Tips for Aspiring Lawyers

Whether you are a seasoned professional or a law student, drafting a powerful Skeleton Argument is essential. In this blog, I’ll guide you through the key principles to crafting a clear, persuasive, and strategically sound skeleton argument that leaves a strong impression in Court.

What Is a Skeleton Argument?

A Skeleton Argument is a concise document that outlines the key points – it’s the roadmap to your case. Think of it as the foundation of your submissions, providing a structured preview of your reasoning before the hearing.

A Skeleton Argument forms a Judge’s first impression of both you and your client’s position before you even step into the Courtroom, making it crucial to get right.  

Stick to the Point

Precision wins cases – if the Judge has to decipher your meaning, you’ve already lost half of the battle.  

Clarity strengthens persuasion; use plain language, avoid long-winded or overly complex sentences and cut out unnecessary waffle. Your tone should remain neutral and objective, let the law do the arguing rather than injecting emotion or unnecessary theatrics.    

Keep it to The Essentials

Your Skeleton Argument should be arranged in a clear, logical order. Generally, it should include:

1. Introduction: Outline your application, introduce yourself and tell the Court exactly what you want. A pre-reading list should also be included.  

   
   

2. Factual Background: Only refer to the key facts and cross-reference this with evidence.

   
   

3. Legal Test, Principle or Guidance: Identify the relevant law and set it out.  

   
   

4. Issues: Present your submissions in a logical order (if there are limbs to the legal test, separate these) and refer to authorities where necessary.  

   
   

5. Conclusion: Keep it succinct – usually phrased as “For the reasons set out above, the Court is respectfully asked to …”

💡Pro Tip: Since your opponent also sees your Skeleton Argument before the hearing, avoid giving away too much – sometimes it’s better to keep your powder dry and only disclose the essentials.

 

Make the Law Work For You

Including legal authorities (i.e. case law or legislation) strengthens your argument – but being selective is key.

If you have access to paid legal resources like Westlaw and LexisNexis, use them wisely. If you don’t have access to them, try Bailii (BAILII - Search by title), The National Archives (Find Case Law - The National Archives) and the Government website (Links to legislation, regulations and statutory guidance - GOV.UK) – all are free!

Not all authorities will support your client’s position. Consider your opponent’s counterarguments and how you can make any unfavourable law work in your favour by distinguishing it from your case rather than ignoring it!  

How do you structure your Skeleton Arguments? Share your thoughts in the comments!💬