How to appeal a case management decision

In the last two years, I have been involved in a number of appeals of case management decisions in the Family Court, all of which have been successful. Most recently, I appealed a case management decision in the case of Re M, which concerned the decision not to allow my vulnerable client to have an intermediary; this decision was overturned by the Court of Appeal in March 2025 (full judgment coming soon). The skeleton argument forms the first piece of advocacy in an appeal hearing, and so it is crucial that it is as persuasive as possible.

The following are the 7 steps in drafting a skeleton argument for appealing a case management decision. However, a lot of these will apply to the drafting of any appeal skeleton argument.

1. Under the heading ‘Introduction’ set out the date of the hearing, the identity/identities of the first instance court, and the decision/s you are wanting to appeal. It is short and sharp – not a narrative introduction to the facts and law in the case.

2. The background of the case can be divided into a factual background and a procedural background; both should be chronological. The former comprises of the pertinent facts which led to proceedings being issued. The latter should consist of all hearings to date including those which have been vacated and any filing dates of the relevant evidence.

3. Think about what information the appellate court needs to be able to understand the information that was available to the first instance court. This should include but is not limited to:

• Evidence filed;
• Timing of filing – Was it late? Was it made available on the portal? Was it included in the bundle for the hearing? Did the court say they had read it?
• Position Statements filed for the hearing from the parties and the information contained within.

        A lot of this will form part of your procedural background.

4. Recommended reading: list the documents that are important for the appellate court to be able to understand the first instance decision. This should include:

• The Order containing the decision you are wanting to appeal;
• Written reasons from the lay justices, if available;
• A transcript of the judgment, if available. If not, an agreed note of the judgment;
• Previous Orders that have directed relevant evidence or contain relevant case-management decisions;
• Relevant Evidence; and
• Position Statements prepared for the hearing being appealed.

5. Set out the relevant law; include in this the relevant Procedural Rules, the case-law and any European Convention law, if applicable.

6. Outline your grounds of appeal – FPR Practice Direction 30A 3.2 says the grounds of appeal should (a) set out clearly the reasons why the decision was wrong or unjust and (b) specify in respect of each ground whether it raises an appeal on a point of law or is an appeal against a finding of fact.

Under each ground explain your reasoning referring to the evidence that          you seek to rely on.

7. Conclude your skeleton by asking the appellant court for the remedy you are seeking.

A skeleton does not need to be long, but must contain the factual and procedural evidence to convince the appellate court that something has gone wrong in the court below, and that there is a good reason to look at the decision again.