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.”
RELATED POSTS
- Babies, bundles, human rights, proportionality, conduct and costs: all in one judgment
- What they don’t teach you at law school VIII: bundles, courtesy & mints.
- Bundles, exhibits and pagination: avoiding costly mistakes
- The Supreme Court considers the question of expensive bundles
- Another comment on bundles: too much and too big
- Promiscuity and bundles: can cause consternation.
- Trial bundles: Timing, Contents & Presentation: and do you know “Sedley’s Laws” ?
- Trial bundles. Sedley’s Laws and Documentary Carpet Bombing.
- Troublesome bundles yet again.
- Proportionality, bundles and £3 million spent on costs.
- When bundles & sanctions collide.
- More on Bundles: there is much time and money to be saved yet.
- Lengthy bundles and interim costs.
- Get bundles and skeletons to court or else.
- Relief from sanctions: Bundles: Expert evidence and litigants in person.
- Costs, proportionality and getting the bundles right.
- “Madness” over costs and useless trial bundles.
- More about trial bundles: Most of the stuff in them is useless (apparently).
- Bundles, appeals and the art of advocacy: Are poor bundles letting down your case?
- Useless Bundles; lengthy skeletons and judicial ire.
- A word about bundles: More views from the Bench.
- Trial Bundles: Another view from the Bench.
- The Importance of Trial Bundles again: Read Legal Orange.
- Yet more on bundles
- More comments from the Court of Appeal on Bundles.
- Useless bundles: all litigation life is here.
- More on bundles: very difficult to useExhibits