What is a skeleton argument and how to write one

A skeleton argument is a concise outline of your legal case, written before a court hearing. It sets out the key issues, facts, law, and arguments you will raise in front of a judge. The skeleton acts as a roadmap, helping the judge understand your position quickly and allowing both sides to focus on the points that matter most.

If you are a litigant in person (acting without a solicitor or barrister), a skeleton argument is one of the most important documents you will produce. Even if you have a lawyer, understanding how to write a clear skeleton will help you see what you are actually arguing and whether your case is as strong as you think.

The short version

A skeleton argument is not a full written submission. It is a structured outline that tells the judge: what the case is about, what matters, what the law says, and what you are asking for. Courts require skeleton arguments for appeals and many trials. They are typically 15-20 pages long, must cite legal authorities (cases and statutes), and must be filed 7 days before the hearing.

Common length rules: Civil Court of Appeal, 20 pages maximum. County courts and High Court, 20-30 pages typical. Criminal trials, shorter and more flexible. Always check your court's rules.

At a glance

What a skeleton argument is (and is not)

A skeleton argument is:

• A structured outline that shows the judge what your case involves
• A short guide to the most important facts and law
• A statement of your legal submissions and why the law favours your position
• A document that makes it easier for the judge to read and listen during the hearing

A skeleton argument is NOT:

• A full written submission with every argument spelled out
• An emotional plea or personal grievance
• A letter to the judge
• A summary of evidence
• A chance to introduce new facts for the first time

The word "skeleton" is accurate: it gives the bones of your argument, not the flesh. During the hearing, you will expand on each point and respond to the other side's submissions.

When skeleton arguments are required

Appeals to the Court of Appeal and High Court

If you are appealing a decision from a lower court, you must file a skeleton argument. This is the most common context where a skeleton is mandatory. Under Civil Procedure Rule (CPR) Part 52, both the appellants (those bringing the appeal) and respondents (those defending it) must file skeleton arguments.

The skeleton tells the appeal judges:

• What was decided below and why you say it was wrong
• What law the lower court failed to apply, or applied incorrectly
• What the correct legal principle is
• What remedy you are asking for

Trials in the High Court and Crown Court

For a trial in front of a judge alone (not a jury), the court will often order the parties to file skeleton arguments. This helps the judge read the law and arguments before the trial, saving court time.

Interim applications

When you ask a court to make a decision before the full trial (for example, to freeze a bank account, or to delay a hearing), you may be asked to file a skeleton argument, especially if the application is complex or contested.

County Court claims

In the county court, skeleton arguments are less common but are increasingly being ordered. Always check the directions order from the judge to see if you must file one.

Structure of a skeleton argument

A properly structured skeleton argument follows a clear pattern. Each section has a specific job.

Heading

At the top, write:

• The court name
• The case reference number (if known)
• The names of the parties
• The date of the hearing
• Your role (e.g. "Skeleton Argument on behalf of the Claimant")

Introduction

This is 1-2 paragraphs. Say briefly:

• What the case is about
• What outcome you are seeking
• Any key procedural history (e.g. "This is an appeal of the judgment of Smith J dated 15 March 2025")

The issues

List the legal and factual issues the judge must decide. Number them clearly. For example:

1. Whether the contract was formed by exchange of offer and acceptance
2. Whether the defendant was in breach of contract
3. Whether the claimant suffered loss as a result

This section answers the question: "What does this case turn on?"

Brief facts

Write a short account of the most important facts. Do not include everything; select only what matters to the legal issues. Number your paragraphs. Write in the third person. For example:

"The claimant and defendant entered into negotiations for the purchase of a property. On 1 May 2024, the defendant sent an email to the claimant setting out terms. The claimant replied on 3 May 2024, accepting those terms. On 10 May 2024, the defendant withdrew from the transaction."

The law

Set out the legal principles that apply to the case. Cite the statute or case law. For example:

"Under section 8 of the Law of Property (Miscellaneous Provisions) Act 1989, a contract for the sale of land can only be made if all the terms are agreed and the contract is signed by both parties. In Smith v Jones [2010] EWCA Civ 500, the Court of Appeal held that an email can constitute a signed document for the purposes of section 8, provided it authenticates the intention of the sender."

Your submissions

This is the core of the skeleton. Here you argue:

• How the law applies to the facts
• Why the law supports your case
• What the judge should decide

Number each submission. Keep them short. For example:

"1. The contract was formed by exchange of the 1 May and 3 May emails. Both documents were signed by the defendant (using his name at the foot) and the claimant (in the body of her reply). Following Smith v Jones, these emails constitute a signed document.

2. The defendant's withdrawal on 10 May was therefore a breach of contract. The contract was already formed and binding.

3. The claimant is entitled to specific performance (an order that the defendant sell the property) or, in the alternative, damages for breach."

Conclusion

End with a clear statement of what you are asking the judge to do. For example:

"The claimant respectfully submits that the appeal should be allowed and the judgment of the court below set aside. A new trial should be ordered."

Length and formatting rules

Most courts have strict limits on skeleton argument length. The Court of Appeal typically permits 20 pages. The High Court often allows 20-30 pages. Always check the court's rules or the directions order.

How to count pages: Most courts count pages of the printed document, not words. Single spacing counts faster than double spacing. Use 12pt font and 1.5 or double line spacing. Headings, page numbers, and references do not count.

Margins and presentation: Use a standard margin (2.54 cm). Number all paragraphs. Use clear section headings. Make sure the document is readable; courts prefer clarity over density.

Font: 12pt is standard. Times New Roman, Arial, or Calibri are acceptable. Avoid decorative fonts.

Spacing: 1.5 or double spacing is required by most courts. This helps the judge read quickly and leave space for notes.

Citing authorities

Every legal point in a skeleton argument must be supported by authority. Authority means:

• Reported cases (cases that are published in law reports)
• Statutes (Acts of Parliament or Statutory Instruments)
• Rules of court (Civil Procedure Rules, Criminal Procedure Rules)
• Textbooks (authoritative legal writing, such as specialist treatises)

When you cite a case, give:

• The case name (e.g. Smith v Jones)
• The year of the report
• The court (e.g. EWCA Civ, High Court, Court of Appeal)
• The paragraph number (if available)

Example: "In Smith v Jones [2015] EWCA Civ 123, the Court of Appeal held at paragraph 45 that..."

For statutes, cite the section number. For example: "Under section 15 of the Sale of Goods Act 1979..."

If a case is not yet reported, you can cite it as "[2026] EWHC 123 (Ch)" (for the High Court Chancery Division). Ask the court if you are not sure.

Always provide copies of the authorities you cite. If the case is unreported, provide a copy of the judgment. The judge should not have to search for your authorities.

Writing style and tips

A skeleton argument must be clear and concise. Here are key points:

Use numbered paragraphs. This makes it easy for the judge to refer to your submissions in his judgment. Number continuously through the entire skeleton.

Use clear headings. Break the document into sections with descriptive headings. This helps the judge find the point quickly.

Keep paragraphs short. Aim for 3-5 sentences per paragraph. Long, dense paragraphs are hard to read.

Write in the third person. Do not say "I argue" or "I believe." Say "It is submitted that..." or "The claimant submits that..."

Avoid emotion or sarcasm. A skeleton is formal. Do not describe the other side as dishonest or accuse the judge of bias. Stick to facts and law.

Use plain language. Avoid jargon where possible. If you must use a legal term, explain it the first time.

Support every assertion with law. Do not expect the judge to remember cases or rules. Cite chapter and verse.

How a litigant in person can write a skeleton argument

If you are a litigant in person, writing a skeleton can feel overwhelming. Here is a practical approach.

Step 1: Identify the issues

Before you write, sit down and list the issues the judge must decide. These are usually 3-5 questions. Write them in plain English. For example: "Did the other side breach the contract?" "Did I suffer loss?" "If so, how much?"

Step 2: Gather the law

Find the cases, statutes, or rules that apply to each issue. If you do not know the law, ask the other side for their skeleton (if they have filed one), or use the guidance from the court's website. Do not guess at the law.

Step 3: Write a short version of the facts

Write 1-2 pages describing only the facts that matter to the legal issues. Omit everything else. Stick to what you can prove.

Step 4: Explain the law simply

For each issue, set out:

• What the law says
• Where that law is found
• Why it matters to your case

Do this in plain English. The judge is familiar with the law; you are explaining how it applies to your facts.

Step 5: Make your submissions

For each issue, explain:

• How the law applies to your facts
• Why the law favours your case
• What the judge should decide

Be concise. Do not repeat yourself.

Step 6: Check and revise

Read your skeleton aloud. Does it flow? Are there gaps? Have you cited every legal point? Have you used short paragraphs and clear headings?

Template approach

If you struggle with structure, use this template:

Part A: Introduction What is this case about? One paragraph.

Part B: Issues List 3-5 numbered issues.

Part C: Facts One or two pages. Numbered paragraphs.

Part D: Law For each issue, state the law. Cite cases and statutes.

Part E: Submissions For each issue, say why you should win.

Part F: Conclusion What are you asking for? One paragraph.

That is the skeleton. Fill it in and you have a working document.

Deadline and filing

Skeleton arguments are typically due 7 days before the hearing. Check your court's rules or the directions order; some courts require 10 days or more.

File your skeleton with the court and serve a copy on the other side on the same day. "Serve" means send a copy by email, post, or hand delivery. Keep proof that you did this (a receipt, or an email read receipt).

Do not file your skeleton at the last minute. Courts are strict about deadlines. If you miss the deadline, ask for an extension in writing, explaining why.

Common mistakes

The skeleton is too long

You have written 40 pages when the court allows 20. The judge will not read it all. Cut ruthlessly. Keep only what matters to the issues. Delete any fact that does not support a legal argument. If a point is not essential, remove it.

No clear structure

The skeleton jumps from fact to fact without headings or numbering. The judge has to hunt for your argument. Add headings. Number every paragraph. Make it easy to read.

No authorities

You argue points of law without citing any case, statute, or rule. The judge does not know where the law comes from. Always cite authority. If you do not know the law, say so and ask the court for guidance.

Emotional language

You describe the other side as "dishonest," "scheming," or "frankly appalling." This weakens your skeleton. The judge will focus on the facts and law, not your feelings. Stick to objective language.

Introducing new facts for the first time

You mention a conversation or document in the skeleton that has never been pleaded or disclosed. The other side did not have a chance to respond. Keep the skeleton to facts already in evidence or agreed.

Repeating the same point

You make the same argument five times in different words. The judge gets it the first time. Move on. Repetition looks like you do not have confidence in your argument.

Ignoring the other side's case

You do not mention the other side's skeleton or the arguments they will make. A good skeleton addresses and rebuts the other side's points. Show why you are right and they are wrong.

Day-to-day drafting timeline

If you have four weeks before your hearing, here is a practical timeline.

Week 1: Identify the issues and gather the law. Do not start writing yet.

Week 2: Write a first draft. Do not worry about length or perfection. Get your ideas on paper.

Week 3: Cut the draft by half. Remove anything that does not support an issue. Add headings and numbering. Check your citations.

Week 4: Revise for clarity. Read it aloud. Ask yourself: "Would a judge understand this?" Edit for spelling and grammar. Print it and read the hard copy. Get a friend to read it if you can.

Days before filing: Proofread one last time. Make sure every page is numbered. Check that you have cited all authorities correctly. File on time.

Common misconceptions

"The skeleton must cover every point in my case." Wrong. The skeleton is an outline, not a complete statement. You will expand on each point at the hearing. Include only the essential arguments.

"I should wait to see the other side's skeleton before I file mine." Wrong. You must file by the deadline. If the other side raises a new argument you did not anticipate, you can file a brief reply skeleton a few days before the hearing.

"If I cite a case, I must quote it in full." Wrong. You need only enough of the quote to show why the case matters. Often a single sentence or a short paragraph is enough.

"The skeleton should explain all the evidence." Wrong. The skeleton is a legal argument, not a summary of evidence. Stick to the facts that matter to the law.

"Litigants in person write worse skeletons than lawyers." Not always. A clear, concise skeleton is valued by judges. Some litigants in person write better skeletons than some lawyers, because they know their case inside out and do not use unnecessary jargon.

Related concepts

• Letter before action: the first formal step in a civil dispute
• Statement of case: the formal pleading that sets out your claims and defences
• Evidence and disclosure: the documents and witnesses you rely on
• Court orders and directions: how a judge tells the parties what to do
• Trial bundles: the bundle of documents presented at trial
• Witness statements: the evidence from witnesses, in writing
• Expert evidence: specialist evidence on matters outside general knowledge
• Costs orders: who pays the legal costs of the case

Sources

For further information, consult these official UK sources:

• The Civil Procedure Rules (Parts 52 and 39): The rules governing skeletons in civil cases. Available at www.justice.gov.uk/courts/procedure-rules/civil
• The UK Courts and Tribunals Judiciary website: www.judiciary.uk. This contains guidance for litigants in person and links to court practice directions.
• The Ministry of Justice: www.gov.uk/courts. This site contains guidance on how courts work and how to prepare for court hearings.
• Your local court's practice direction or standing orders: Each court has its own rules. Ask the court office or check the court's website.

Disclaimer

This page provides information about UK skeleton arguments. It is not legal advice. If you are unsure about how to write your skeleton, contact a solicitor or barrister, or ask the court for guidance. Many courts have guidance notes for litigants in person available on their websites.

Written by Peter Kolomiets, founder of CaseCalm. UK content reviewed 2026-05-28.