A skeleton argument for a summary judgment is a concise document submitted to the court to apply a summary judgment. Its purpose is to outline the key arguments, authorities and relevant facts demonstrating that the court should rule in favor of the applicant without going through a full trial. This skeleton judgment helps the court understand that the opposition has no real prospects for a successful trial.

The Purpose of a Summary Judgment Skeleton Argument

• Achieve summary judgment and avoid trial

The primary goal of the skeleton judgment is to convince the court that there is no real reason for full trial. This could be done on the entire case or on specific issues in the case.

• Present key arguments

It also distills the key elements in the case by presenting facts and legal principles in a clear and concise manner. This highlights why the party, usually the claimant, deserves a judgment without trial.  You are expected to highlight the key elements of the case concisely in relation to opponents baseless claim. Thus you need to go through all the evidence and the factual background and highlight why the claimant has no clam.

• Citing the relevant law and precedent

The skeleton argument provides the legal foundation of the summary judgment, usually the civil procedure rule 24.2. The claimant demonstrates that defense arguments and counter claims are either legally fraud or factually unsustainable.  Beginning with CPR 24.2, in the case of the UK, you need to research all the relevant presidents that justify your case. You can present other summary judgements that were granted under the same circumstances.

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What are you trying to achieve while writing a summary judgment?

• Early resolution

The main objective is to get a judgment in favor of the client without going through a full trial. This is on the basis that the other party has no prospects of defending their case or making a counterclaim.

• Avoid unnecessary cost

Summary judgements are cost efficient as they help the applicant with the time, expense and uncertainty involved in a full trial. This is especially when the outcome is clear cut thus the trial would lead to unnecessary cost. 

• Strengthening the applicants case

The summary judgment skeleton report acts as legal persuasion where the applicant presents evidence and legal reasoning to support their claim. It thus leaves the opponent with limited room to argue that the case would proceed to trial. 

• Highlighting the weakness of the opponent’s case

You also need to undermine the opponents case for example by highlighting their  lack of evidence, misinterpretation of law, and flawed arguments. By diminishing the opponent's position, thus bolstering the applicants chances of obtaining a summary judgment.

Skeleton Report Guide for Summary Judgment Application Structure

TITLE PAGE

• Court Information: Include the court name and claim number at the top.
• Case Title: Clearly state the names of the claimant and defendant.
• Document Title: "CLAIMANT'S APPLICATION FOR SUMMARY JUDGMENT: SKELETON ARGUMENT"
• Date: Provide the date of submission.

INTRODUCTION

Summary of Application:

• • Introduce the nature of the application.
  • Reference the applicable court rules.
  • For example, this is an application for a summary judgment on behalf of the claimant in accordance with CPR 24.3

EVIDENCE

Documentation for Review:

• • List all relevant documents and exhibits that the court needs to consider.
  • Include a brief description and date for each document and provide a brief overview of the claimant’s position.

• For example, “Witness Statement: the defendant makes an affidavit opposing the belief that…”

CASE LAW

Relevant Case Law:

• • List the case law that supports the claimant's argument and briefly summarize the legal principles established in each case.
  • “For example, in support of this summary judgment application the claimant wishes to refer to the following case law.” Then list the cases. 

LEGISLATION

Applicable Legislation:

• • Identify the relevant statutes that apply to the case and briefly describe the relevance of each statute to the case.
  • For example “The claimant will support this application by referring to the following legislation
    1. Supply of Goods and Services Act (1982)”

FACTUAL BACKGROUND

Summary of Facts:

• • Provide a concise account of the key facts leading up to the dispute and include relevant dates and communications between the parties.
  • For example “The following is a summary of the position for summary judgment”

COURT'S DISCRETION

Application of CPR 24.3:

• • Outline the court's power under CPR 24.3 and argue why the defendant lacks a real prospect of success.
  • State why there is no compelling reason for the case to proceed to trial.

LIMB 1: THE REAL PROSPECT FOR SUCCESS ON THE DEFENCE

1. No Real Prospect of Success:
   • Reference relevant case law (e.g., Swain v Hillman).
   • Argue why the defendant’s case is unlikely to succeed.
2. Specific Arguments:
   • Detail the claimant's reasoning and evidence for why the defense is weak.
   • Discuss any contractual terms, unjust enrichment, or other key issues.

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Structure of a Script for Summary Judgment Application

Introduction:

• Introduce yourself, for example, “Good morning Your honor, I appear before this court on behalf of the claimant and the applicant of this summary judgment.”
• Recognise the opposing party and their representative “My learned friend appears on behalf of the defendant”
• State the purpose of the application “The Claimant applies for Summary Judgment under CPR 24.2, which allows the court to grant judgment if the Defendant has no real prospect of successfully defending the claim”

Pre-Reading:

• Verify whether the court has reviewed the key documents.”Your honor, may it please the court that I inquire whether this court has reviewed the Particulars of the Claim in this Summary Judgment.”
• If the answer is yes, express gratitude “Your honor am grateful for the opportunity”
• If the answer is no, it means that the county hasn’t had the opportunity to review key documents related to the case. It is important to acknowledge that the court has not reviewed the documents and inquire whether the court needs more time to do that. If the judge wants to proceed, you can then proceed to provide a brief summary with the key points then proceed to make the argument.

Brief Summary of Facts

• Provide a concise summary of the key facts in the case. “Your honor, may it please the court that I provide the key facts of the case?” 
• Then proceed “The Claimant, a freelance software programmer, was contracted by the Defendant to repair scheduling software. A dispute arose over capped fees, leading to the Defendant's refusal to pay for services rendered.”

Legal Test for the Summary Judgement

• Outline the legal basis for the application for example, "CPR 24.2 states that the court may give summary judgment against a Defendant if they have no real prospect of successfully defending the claim and there is no other compelling reason for a trial"
• Refer to relevant case law that supports the legal test for example "In Swain v Hilman, it was established that the court must determine whether the Defendant has a 'realistic' as opposed to a 'fanciful' prospect of success"

Argument: No Real Prospect of Defence

• Present your argument to the court on why the defendant lacks the basis for their claim.
• Cite relevant facts, evidence, and legal precedents to support your argument for example "The Defendant's refusal to pay for services already delivered constitutes a breach of contract. The Claimant has 'substantially' performed her obligations under the contract, as supported by the case of Hoenig v Isaacs".
• Address any defenses raised by the Defendant and explain why they are not viable.

Argument: Defendant's Counterclaim

• If the Defendant has made a counterclaim, present an argument to the court on why they have no real prospect of success.
• Highlight any legal or factual flaws in the opponent’s counterclaim for example "The Defendant's counterclaim for £9,000 is based on an unfounded allegation of repudiatory breach, which lacks merit and contradicts the terms of the contract".

No Other Completing Reason for the Case to Proceed to Trial

• Argue to the court that there is no compelling enough to justify proceeding to trial. 
• Support this argument with case law for example "In Wrexham Association Football Club Ltd v Crucialmove Ltd, the court held that issues concerning a party's integrity do not necessarily require a full trial".

Conclusion

• Summarize your arguments and request the relief sought for example "For these reasons, the Claimant respectfully requests that the Court order summary judgment in favor of the Claimant on the claim and against the Defendant on the counterclaim under CPR 24.2".

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