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Oral hearing at the EAT 3(10)

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  • #16
    Re: Oral hearing at the EAT 3(10)

    bump

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    • #17
      Re: Oral hearing at the EAT 3(10)

      Guidance on Skeleton Arguments:

      I am posting this on the thread rather than by PM as it may be helpful to other members

      You may be given Directions to serve or to exchange a Skeleton Argument in advance of the Hearing of your dispute in Court. Even if this is not required, it may be helpful to you and to the court to provide one.


      Writing a Skeleton Argument


      A skeleton argument should summarise your case, so that if you lost everything else in your file, you could argue your case in court form just this one document. You should aim for it to be between 2 and 20 pages, depending on the size and complexity of your dispute. It should help you and any other reader to quickly find their way through and around your Court Bundle, so that they can pick out what they need and what is important easily.


      A suggested format is as follows:


      - Summarise the nature of the claim


      - Summarise the applicable law, with quotations from the statutes and caselaw, you rely on. Give references to the sections or paragraphs of these materials where the quotes are found, also referring to where these can be found in relation to the page numbering of these in your Court Bundle (where they should be included). In the bundle, highlight the relevant passages or paragraphs.


      - Explain how the law applies to your own circumstances in this dispute, referring to the evidence (in your witness statement, POC, correspondence and any other evidence), again giving quotes and referring to where in the bundle these are found.


      - Summarise the Defendant (s)'s position, as you understand it, and explain why it is wrong.


      • Explain what you are asking the Court to do, and summarise the remedies you are seeking.





      A case summary is much briefer than a Skeleton Argument, it should ideally be 250 words max and describes the cause of action and nature of the remedies without reference to the evidence. You can helpfully summarise the defendant's position and what the position of each party is on each of the issues in the claim. Case Summaries are required in the High Court but optional otherwise, unless specifically directed. They are often helpful in an Interim or Directions Hearing, or Case Management Conference, or when opening you case to a Judge, to use as an aide memoire. Remember to bring a copy for everyone, including keeping one for yourself !

      Comment


      • #18
        Re: Oral hearing at the EAT 3(10)

        Many thanks for the explanation on Skeleton arguments Springer,

        please find attached
        a redacted version of my schedule of loss 54k
        the appeal that was submitted back in May before the evidence (myself) the claimant was seeking to rely on became available.
        The response from the EAT judge to the appeal. Looking back now the appeal was not worded correctly and was not getting to the heart of the matter (ie that the respondents were put on notice of an impending illness)

        Many thanks

        Brighton
        Attached Files

        Comment


        • #19
          Re: Oral hearing at the EAT 3(10)

          Hi all just bumping up my thread to say that I have now completed my amended notice of Appeal to be submitted in the next couple of days to the Employment Appeals Tribunal and following that in two weeks the 3(10) hearing. Not feeling overly confident but lets see what happens.

          Any last minute advise?

          Regards

          Brighton

          Comment

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