Stay Hearing: Skeleton Argument

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Skeleton Argument For A Stay Hearing

A skeleton argument is basically an outline of your arguments in the order that you are going to raise them. It is there to provide a structure to the proceedings. It therefore needs to mirror your witness statement, giving a short overview of each point which you will expand on in your witness statement.

If you are the applicant (ie you applied to have the stay lifted) you will be leading the proceedings and the bank will get their turn to speak after you. You will then get the opportunity to respond to any of their arguments.

If the bank has applied for the stay they will go first and you need to respond to their points and raise your own points. In which case your skeleton argument will need to reflect this. The bank should send you their skeleton argument early on. Your skeleton should try to address each point they have raised in addition to putting forward your own points.

The process may be a little more relaxed in the small claims court and the judge may interupt, ask questions or ask you or the bank to respond to individual items as they arise rather than waiting for each side to finish. The judge may simply decide to read the witness statements and ask questions based on this.

The following is simply an example skeleton argument based on the template witness statement. It is important that you adapt both the skeleton argument and your witness statement to your own circumstances and that of your banks. Red text indicates that you need to in put personal details.


Claim no xxxxxx


In the (insert place) County Court


XXXXX(your name) Claimant



and


XXXXXXXXBank plc


Defendant



SKELETON ARGUMENT FOR THE CLAIMANT(Litigant in person)


In the proceedings on xx/xx/xxxx at x.xx am/pm relating to the Defendant’s application to impose a stay/or the Claimant’s application to lift a stay




The Claimant will rely on the following submissions:

1. Human Rights- To impose a stay in the present proceedings would infringe my rights conferred by Art 6 of the European Convention of Human Rights, to receive a fair hearing within a reasonable time.


2. Blanket stays – The imposition of blanket stays runs contrary to the wishes of the Master of the Rolls and my right to have my case decided on its merits.


3. Distinguishing factors - (add any distinguishing factors here ie things which make your case different to that of OFT eg if your bank has defended purely on the basis of penalty rather than UTCCR also if yours is a credit card, mortgage or business claim)


4. Hardship – give a brief outline of why you will suffer hardship if your case is stayed

5. Balance of convenience – A stay will disproportionately affect myself and operate oppressively whereas it will relieve the defendant of all obligations towards me until the outcome of the test case


6. Defendant’s conduct -Give brief details of your banks litigation conduct in your own case and in other cases eg if they drag things out and settle at last minute 7. Status quo - A stay would not maintain the status quo but would favour the defendant by allowing them to continue to apply charges to my account without allowing myself to pursue a legitimate claim to a remedy


8. Conditional order -Should the court be minded to order a stay it is respectfully requested that conditions should attach to the order so as not to prejudice the claimants position. Such an order should include


a). That the defendant bank is prevented from applying further penalty charges to my account until the final settlement of the matter.

b).That the defendant is prevented from applying interest charges to any outstanding amounts which are comprised of penalties until the settlement of the matter.

c). That the defendant is prevented from closing my account.


d).That the defendant is prevented from making any entry on its own systems or from communicating any similar information to any third party about any matter insofar as it relates to penalty charges until the final settlement of the matter.


e).That the defendant removes any derogatory entry on its own records insofar as it relates to penalty charges. (The Court has the power to do this under the Data Protection Act 1998 )


f). That the defendant arranges the removal of entries from the records of any third parties to whom it has previously communicated information insofar as it relates to penalty charges. (The Court has the power to do this under the Data protection Act 1998.)


g). That these injunctions remain in place until the settlement of my claim.


h).That should my claim proceed to a hearing that a decision should be made at the hearing as to whether these injunctions should be made permanent.


i).That if the matter should not proceed to a hearing because the defendant decides to settle outside court, that these injunctions should become permanent


Signed


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