Differences between skeleton argument and witness statement

[register]

According to CPR 22.1(c) witness statements should be signed and verified by a statement of truth. However, it is not made any reference in this CPR to skeleton arguments. Are skeleton argument considered as being witness statements and should them also be signed and verified by statement of truth?

If a skeleton arguments should not be signed how to be sure that it has really been drafted by the counsel who claimed to have drafted it? Moreover if they do not need to be verified by a statement of true can them be used as evidence because often they are filed at the same time as a witness statement which is used as evidence

I think that an application notice should be served at least three days in advance of a hearing but how long before a hearing skeleton argument and witness statement should filed and served? I suppose that they have to be served enough in advance to give enough time to the other party to examine them before the hearing

Skeleton arguments are used in appeal according to CPR 52 but also for small interim applications and often at the same time as witness statements. Are not they a duplication of witness statement which incur unnecessary costs?

[des8]

A WS is descriptive and contains only facts. It is written in the first person and signed with a statement of truth

Skeleton Arguments are not evidence, just a summary of the issues to be addressed and the authorities to be relied upon.. Details are filled in during the hearing..They are written in the third person but do not need to be signed.

Has the court not ordered date by which skeletons need to be filed and served?

[register]

Therefore, witness statements are evidence and skeleton arguments are not

In my case the witness statement is very similar to the skeleton argument the only difference is that the witness statement was drafted by the solicitor and the skeleton argument by the counsel. And as a consequence both charged. It is no this an unnecessary duplication of costs?

There was no direction from the court as when these documents had to be filed. It was only for a pre-hearing only for an interim application. However, I would like to know if there is not in the CPR some rules of when evidence should be filed and served because the other parties should have enough time before the pre-hearing to study this evidence

[des8]

A WS is just an account of what has happened.
The skeleton is just an outline of your legal argument

In your case perhaps a skeleton wasn't necessary, although apparently you ordered it on the advice of your solicitor.
If you go to law, remember the only ones bound to win are the lawyers, even when they are on the losing side

https://www.justice.gov.uk/courts/pr...l-arrangements states re filing of documents:

At least 3 clear days before the pre-trial review the Claimant must file and send to the other party or parties preferably agreed and by email:

1. draft directions
2. a chronology
3. a statement of the issues
4. a case summary
5. a trial timetable

[register]

I did not order anything because I made reference to the witness statement and to the skeleton argument of the other party

in the rule your refer it is stated

“The parties must file with the court and exchange skeleton arguments at least 3 days before the trial by email.”

However there is nothing about exchanging witness statements within a specific period of time before the hearing which could lead to confusion if a party does not provide the other party enough time in advance with his witness statement allowing the other party enough time to study the witness statement before the hearing. Moreover witness statement seems as important or more important than skeleton arguments because they should be signed and verified by a statement of true so it could very inconvenient if one party cannot study the witness statement of the other party before the hearing

[2222]

It depends how complicated the case is, but you are right that one party could be disadvantaged through late service of a witness statement. Or any other documents, for that matter. Your recourse is to bring it to the judge's attention, perhaps asking for an adjournment.

[des8]

This was all for a preliminary hearing for an interim application, so three days prior to the hearing could well be considered sufficient