TRIAL BUNDLES: ANOTHER VIEW FROM THE BENCH: WILL SEDLEY'S LAW BECOME BEHRENS' LAW?
There have been several posts about the proper preparation and collation of trial bundles. An interesting comment from HHJ Behrens in the case of Burnard -v- Burnard [2014] EWHC 340 (Ch) indicates that, bundles remain far from perfect.
BURNARD
Judgment was given in a complex and long running inheritance dispute. At the end of the trial the judge observed:-
“Finally I would like to express my gratitude to Counsel for their clear and helpful submissions in a by no means straightforward case and for guiding me through a mass of documents which had been collated in such a way that any compliance with the Chancery Guide was coincidental.”
TRIAL BUNDLES
You may have to read that twice before you get the full force and effect of the judge’s meaning.
Just a reminder therefore of:
- The importance of Sedley’s laws (which may soon become Behren’s laws).
- Legal Orange’s excellent and pithy comments on trial bundles
- There are electronic means of preparing trial bundles
- The Chancery Guide is available free here chancery-guide (5) (it is appendix six you need to look at).
OUTSOURCING THE WORK
Whenever I write on this subject I receive comments from external providers stating that they can prepare bundles fully, cheaply and better than many of the junior staff to whom the task is delegated. They should feel free to add additional comments to this post.
We are a provider that prepares full electronic bundles ready for electronic disclosure, printing into bundles and direct access in the court room. We work with junior staff to take the strain and reduce the cost/time to produce the bundle.
We are also an indispensable service for Public Access Barristers or small to medium law firms where there are no junior staff to undertake this task.
We provide a free CMC eBundle service as an introduction to our larger eBundle service.
There is more information on our website: http://www.caselines.co.uk or contact us on 08447 705 535.
HHJ Behrens sat in the Leeds High Court on October 16th 2012 and used a CaseLines bundle prepared a few days earlier by a solicitor’s secretary (Stacore Ltd v. Ebullio Capital Management LLP).
He was reported (by Counsel) as saying: “I am surprised to find that I have no reason to complain at all about the bundle. I am impressed”.