FACTSHEET 11 Information for doctors Creating a skeleton argument What is a skeleton argument? A skeleton argument is a document that sets out the main points you want to make to the tribunal in support of an application you are making. For example you could include a skeleton argument: l when you want the tribunal to admit certain documents l when you want to request that the tribunal draws an adverse inference or refuses to admit evidence (see factsheet 2, A tribunal’s powers to draw adverse inferences and to refuse to admit evidence) l l l l Medical practitioners tribunal when you are seeking an adjournment (see factsheet 13, Adjourning your hearing) when you are seeking an order of costs (see factsheet 3, A tribunal’s power to make a costs award) when you want to request that a witness attends the hearing in person to give evidence to assist the tribunal when it decides whether your fitness to practise is impaired. You don’t have to prepare a skeleton argument, but it can help the tribunal understand your main points and can be a useful resource for you. It can help you to stay focused and present your case in a clear, concise and organised manner. Remember, the skeleton argument document is separate from your main hearing bundle. It gives a summary and you can use it to point the tribunal to relevant sections in other documents. How do I create a skeleton argument? Make the document user friendly, for example: l try to use one side of the page only and use wide margins – this allows the tribunal to write notes on your skeleton argument l use big spacing – at least 1.5 between lines. Use a large, clear font – for example Times Roman or Arial 14 l number the pages l number your paragraphs – use 1, 2, 3, and a, b, c. This makes it easier to refer to specific areas you wish to highlight Interim orders tribunal 1 Factsheet 11 | Creating a skeleton argument l use headings to introduce topics l always provide a chronology in cases where dates are important l you may wish to identify the main characters in your case (this can be set out in a similar way to your chronology) l a skeleton argument should rarely exceed five pages l use abbreviations wherever possible, but make sure that they can be understood by the tribunal and the parties. Key point l Remember, the skeleton argument should be as concise as possible. It is not a substitute for making oral submissions (see factsheet 10, Making submissions to the tribunal) to the tribunal or for expanding on the arguments you have made in summary. To see the full range of factsheets – go to www.mpts-uk.org/unrepdoctors or pick up a copy from the MPTS hearing centre. A skeleton argument template is included at the end of this factsheet. Published December 2014 © 2014 General Medical Council The GMC is a charity registered in England and Wales (1089278) and Scotland (SC037750) Code: MPTS/F11-CSA/1215 2 FACTSHEET 11 Information for doctors Skeleton argument template In the fitness to practise procedures of the General Medical Council GENERAL MEDICAL COUNCIL vs DR ____________________________________ SKELETON ARGUMENT OF _____________________________________________ _____________________________________________________________________ Background (set out a brief summary of the case) l This section should only contain information that is brief, concise and will assist the tribunal. Submissions (outline your main arguments) lYou should refer to anything that is relevant and relates to the issues you want to put before the tribunal, making reference to documents in the hearing bundle. l You should also set out any legal authorities or guidance you are relying on to support your arguments. Summary l You should set out exactly what you are asking the tribunal to do. Skeleton argument prepared by (your name) ________________________________ acting in-person. Signed ______________________________________________ Dated ___/___/___ Medical practitioners tribunal Interim orders tribunal 3
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