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  EWHC 340 (Ch) indicates that, bundles remain far from perfect.
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.”
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.