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Position Statement and Case Summary

  • vix535
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31 May 16 #479101 by vix535
Topic started by vix535
Hi,

I have my final hearing next Friday and am trying to finish the bundle, litigant in person. I''m hoping someone can help with some advice as I''m confused :(

What is the difference between the case summary, position statement and skeleton argument?? And which of these do I need to include?

  • Luna Shadow
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31 May 16 #479114 by Luna Shadow
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Are you responsible for the bundle or are you writing documents for inclusion in the bundle that the other side is responsible for?

The person responsible for the bundle will write the case summary, a brief 1 or 2 page factual document setting out the background to the case and is at the front of the bundle.

Each side will write their own position statement and skeleton argument. The position statement should be included in the bundle so must be received by the person responsible for the bundle in good time for it to be copied and included in all copies including that which goes to court.

The skeleton argument is often completed just before the hearing and given to the other side on the day and to the judge preferably the day before or at least given to the judges clerk an hour before.

The position statement sets out essentially what you want, and the justification for it.

The skeleton argument is somewhat similar except it will back up the justifications with case law and statute where appropriate. A LIP is not expected to produce a skeleton argument (this is the barristers arena) but if you are confident of the legal argument you can (I did) and it did help my case.

Have you already submitted a section 25 statement? If not you will need to include all of what would be in that into your position statement.

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01 Jun 16 #479122 by vix535
Reply from vix535
Hi, thank you for your reply.

I''m responsible for producing the bundle.

I haven''t done a section 25 statement so will need to include that. I think I understand what I am supposed to do now for the position statement and Skeleton argument.

Can you give me any idea of what sort of thing goes in the case summary? I''ve had them for previous hearings but it hasn''t been a ''joint'' document so has obviously been more focused on my side of things.

  • rubytuesday
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01 Jun 16 #479129 by rubytuesday
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The case summary should be ideally just single sheet of A4, summarising the background to the case; it must be limited only to those matters which are relevant to the hearing and case management.

You can find details templates or examples of other documents inc the s25 statement here - resources for litigants in person

  • vix535
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01 Jun 16 #479162 by vix535
Reply from vix535
Thank you for the replies, this site is wonderful support.

Can I ask if someone can help with the case summary - I think I have figured out what I am doing with the position statement and skeleton argument now but still unsure what sort of thing goes in the case summary...it all seems quite repetitive.

I understand the case summary should be agreed so not sure how I write that so it is not contentious!

  • joem
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01 Jun 16 #479170 by joem
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In my case it was not agreed so there were 2 case summaries. I have sent an IM with one attached

joem

  • vix535
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01 Jun 16 #479190 by vix535
Reply from vix535
Thank you for the attachment - that''s really kind

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