PROVING THINGS 72: THE BARRISTER’S LAMENT: BUNDLES WHEN THE CLAIMANT DOES THE DEFENDANT’S JOB FOR THEM
Much has been written on this blog about the preparation of bundles. Some bundles are prepared on the basis that every single disclosed document should be included. In doing so many claimants are causing harm to their own case. Disclosed documents may not be admissible. Witness this short exchange on Twitter this evening.
THE BARRISTER’S LAMENT
Why do Claimant sols keep putting unevidenced records & Docs from D into trial bundles when no notice has been given under Civ Evid Act & CPR Pt 33. Stop doing it!!! Please!!!
Become admissible if trial bundle is agreed
Yes, I know. That’s why it’s bloody infuriating that they do this. Cases are difficult enough to win without helping Defendants do their job for them. Grrrr! Just refuse to include them and let D make an appln for relief from sanctions
That little exchange would make a nice little blog post. Do you mind?
A QUICK REMINDER: PRACTICE DIRECTION 32
An ill-thought out trial bundle could be costly for the party preparing it. Practice Direction 32 states that documents in an agreed hearing bundle are admissible as evidence at that hearing.