LODGING TRIAL BUNDLES ON TIME: THE COURT WILL NOT GIVE A RECEIPT
I received an e-mail today from Kerry Kirkbride of Active Legal Ltd in Birmingham. It follows an earlier post in relation to the need to lodge the trial bundle at time. I have permission from Kerry to re-print it in full.
“I read your blog and noted your comments on Trial bundles and the case struck out in December 2013 because the Trial Bundle was late.
Today I sent a Trainee Solicitor to hand deliver bundles to Birmingham County Court for a trial due to be heard on the 29th January and in compliance with the direction that Bundles arrive at court 7 days before the trial. My Trainee was directed by me to deliver the Bundles to the Civil Court Counter and to ask for a receipt of delivery. To assist the court a receipt was pre typed which left the attendant to simply stamp receipt.
A receipt was requested because of the writers previous experience that bundles and papers that had been delivered to court subsequently could not be found.
The court refused to stamp or sign a receipt. When my Trainee indicated his principle had requested a receipt then he was told to either leave without a receipt or leave with the bundles as they would not take them.
Can anyone explain to me why the court are reluctant to confirm receipt of papers which if lost, and in the event of any controversy as to whether they ever arrived at the court, may potentially lead to a negligence claim? Are the courts excempt from having to evidence the same standards of efficiency that Lord Jackson has visited on the rest of us.
I thought you may wish to know this as it now seems the only way for bundles to be acknowledged as to have arrived is by postal recorded delivery.”
Complaints have been made to the Court and the MOJ.