The strategy of information


Claim documents before a judge (don't try and anticipate a defence except limitations)

Claim forms Particulars of claim Witness statements Grounds of appeal Skeleton arguments
The claim form generally gives names and addresses for service The claimant must specifically set out the following matters in his particulars of claim where he wishes to rely on them in support of his claim:
  • any allegation of fraud
  • the fact of any illegality
  • details of any misrepresentation
  • details of all breaches of trust
  • notice or knowledge of a fact
  • details of unsoundness of mind or undue influence
  • details of wilful default
  • any facts relating to mitigation of loss or damage
A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally. (1) The grounds of appeal must identify as precisely as possible the respects in which the judgment of the court below is (a) wrong, or (b) unjust because of a serious prodecural or other irregularity, as required by CPR rule 52.11(3).

(2) The reasons why the decision under appeal is wrong or unjust must not be included in the grounds of appeal and must be confined to the skeleton argument.

(1) The Skeleton argument is to assist the court by setting out as concisely as practicable the arguments upon which a party intends to rely.

(2) A skeleton argument must:

  • be concise
  • define and confine the areas of controversy
  • be set out in numbered paragraphs
  • be cross-referenced to any relevant document in the bundle
  • be self-contained and not incorporate by reference material from previous skeleton arguments
  • not include extensive quotations from documents or authorities

(3) Documents to be relied apon must be identified

(4) Where it is necessary to refer to an authority, the skeleton argument must (a) state the proposition of law the authority demonstrates; and (b) identify the parts of the authority that support the proposition. If more than one authority is cited in support of a given proposition, the skeleton argument must briefly state why.