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Paper instructions : I require a skeleton argument for the attached Civil Advoca

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  • AuthoradminX
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Paper instructions : I require a skeleton argument for the attached Civil Advocacy case paper. I have attached the instruction to counsel and the criteria and also the case paper. This is an application for summary judgment. I require one case law for summary judgment and at least 2 case law for the applicable law for this case. The case law should have the full citation and also do provide me the paragraph number that has been referred to. I have sample of the skeleton it shows how it should be referenced.
Each paragraph should be reference based on the case paper evidence. For example the exhibits of the Defendant or Claimant, Defendant’s witness statement or Claimant’s witness statement. The reference of the evidence is in the sample. If you have any question about the reference to the evidence, do let me know.
I do not need OSCOLA referencing for the submissions because you will be relying on the case paper’s evidence. If you find any case law from the White Book Civil Procedure Rule, be precise about the referencing.
Structure :
1. Evidence : that you will be relying on : eg Claimant’s witness statement or exhibits (list it down)
2. Relevant background facts
3. The legal test : summary judgment – Civil Procedure Rule 24.2
4. Set out the applicable law and support it with a case
5. Submission ( its entirely up to you how you want to have the heading for the submissions)
Example : your heading for the submission can be a) No real prospect of defending the claim and 2) no compelling reason for there to be a trial.
Or
Example : have any heading that relates to the case papers and make sure it leads to say the Defendant has no real prospect of successfully defending the claim and no compelling reason for there to be a trial.
I have attached the sample skeleton for your reference.
If there is any other alternative relief for this application, do mention it.
I would like to inform that the Particulars of Claim cannot be used as evidence for the skeleton argument.
It is advisable to use the Defendant’s evidence such as their witness statement/ exhibits or even the settlement agreement against the Defendant but that does not mean you cannot use the claimant’s evidence. You can use the claimant’s evidence to support the application for summary judgment.
Look into the clause in the settlement agreement to see if we can undermine the Defendant in this case.
The law I guess, its on mistake ( contract law) but which type of mistake , i’m unsure. I require 2 case law for that once you have identify. I do not need the case story but i need the principle applied in the case. You can quote the exact words from the case you refer.

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