PROMISCUITY AND BUNDLES: CAN CAUSE CONSTERNATION

For two years running the post on how to prepare a trial bundle has been the most popular post on this blog (this year it is running second to the post on how to draft a witness statement). The reasons for the concern can be seen in the judgment of Mr Justice Coulson in Deluxe Art & Theme Limited -v- Beck Interiors Ltd [2016] EWHC 238 (TCC). It is not the first time a trial judge has been critical of the number of bundles.

A SHORT SHOT ACROSS THE BOWS

  1. I should say at the outset that I am extremely grateful to both counsel who dealt clearly and concisely with the issues. As practitioners experienced in this sort of work, I know they will have shared my consternation that a relatively simple enforcement dispute was the subject of no less than six full lever arch files. Four of these files were never referred to. It is exceedingly rare that any adjudication enforcement dispute requires more than one lever arch file of documents. The time is fast approaching when, unless the parties and their solicitors cooperate properly and comply with the TCC Guide, the court will simply refuse to hear cases with such promiscuous and unnecessary bundling.

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