BUNDLES AGAIN: DOUBLE SIDED BUNDLES – A MUST AT TRIAL – A NO, NO IN THE COURT OF APPEAL (DOES NOBODY THINK OF THE TREES…)
There was much excitement about the rules changes so that bundles for applications and trials should be double-sided. However nothing is consistent in legal procedure. I am grateful to barrister Matt Jackson for sending me a (highly redacted) copy of an appeal from the Civil Appeals Office.
NO DOUBLE SIDED BUNDLES FOR THE COURT OF APPEAL
The letter is responding to a letter from a solicitor that stated that double-sided bundles were being lodged. The letter from the Civil Appeals Office states:-
“There is no requirement in the Court of Appeal Practice Direction for bundles to be single-sided. However there is a clear instruction in the office’s leaflet Form 204 in the section headed “Format and presentation” (at the top of page 9) that bundles should be single sided.”
The Civil Appeals Office are, unsurprisingly, correct. The relevant form “Prepare an appeal bundle for the Court of Appeal (Form 204)” is available here.
“Where possible the documents should be on A4 size paper (like this leaflet). All documents
should be placed in the bundle so as to ensure that the text starts nearest the spine and
can be read from left to right. The copies of the documents in the bundle should be singlesided, not backed or double-sided copies.”
IN SUMMARY: DIFFERENT RULES FOR DIFFERENT COURTS (JUST TO MAKE YOUR LIFE EASY)
The last few days have taught us this:-
- If you prepare a single sided bundle for a hearing or application you will get told off (and the bundle possibly rejected).
- If you prepare a double-sided bundle for the Court of Appeal it will definitely get rejected.
- If you prepare a bundle of authorities in alphabetical order for the Court of Appeal then the judges will not be happy.
- If you prepare a bundle of authorities for the Supreme Court then the Practice Direction expressly dictates “The authorities should appear in alphabetical order…”