BUNDLES FOR TRIALS – AND FOR THE WITNESSES

Cases where bundles are mentioned may well be like busses – they come along together.  A short passage in the judgment of HHJ Matthews in Taylor -v- Taylor [2017] EWHC 1080 (Ch). Earlier in the week we looked at there being too many bundles in the Supreme Court. Here we look at the problems caused when there are not enough bundles for use at trial.

 

THE PROBLEM WITH BUNDLES

“The hearing of the evidence was hampered slightly by the fact that the claimant solicitors appeared not to have filed a second copy of the bundle for the use by the witness. This meant that witness statements to be put to witnesses had to be identified and photocopied at the time, thus necessitating short adjournments”

It is clear from the judgment that there were only three witnesses and this did not cause any major disruption to the trial.  Other judges may have been less forgiving.

PRACTICE DIRECTION 39A

The claimant should have served a copy of the bundle on the defendants (who were litigants in person) as well as providing a copy for witnesses at court . This is made clear by Practice Direction 39A.

 

“3.10  The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and for the use of the witnesses.”

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