SEDLEY’S LAW GOES ONLINE… : “IT IS NECESSARY FOR ME TO SAY SOMETHING ABOUT THE UNSATISFACTORY MANNER IN WHICH BUNDLES OF DOCUMENTS HAVE BEEN PREPARED FOR TRIAL”
If you thought that electronic bundles were the panacea that was going to put an end to the numerous posts on this blog recording (largely) judicial criticisms of bundles, think again. The judgment today of HHJ Cawson QC, sitting as…
ELECTRONIC BUNDLES AND PROBLEMS AT TRIAL: IF PAGES ARE ADDED IT IS NOT PLAIN SAILING
Readers have been waiting, with anticipation, for cases about electronic bundles. The judgment of HHJ Pearce in Global Technologies Racing Ltd v 5 West (t/a Alex Thomson Racing) [2020] EWHC 3334 (Comm) shows the problems that can occur in relation…
YOU CAN TEACH AN OLD JUDGE NEW TRICKS: TECHNOLOGY “EMBRACE IT: IT WILL MAKE YOUR JOB EASIER”
In S (Fact-Finding) [2020] EWFC 71 HHJ Jack sitting as a High Court Judge heard a case remotely. I will leave the analysis of his robust findings in the case – where the children were returned to their parents – …
THOUSANDS OF DOCUMENTS AND LEAVING SOME POINTS ON THE CUTTING ROOM FLOOR: THE JUDGE’S LAMENT
In Município De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2930 (TCC) Mr Justice Turner allowed the defendants’ application to strike out the claim being brought by 202,600 claimants. Here we look at the observations in relation…
GENERAL GUIDANCE ON PDF BUNDLES FOR HEARINGS IN COURTS: GUIDANCE ISSUED TODAY
Mr Justice Mann has issued the following guidance on PDF bundles today. It provides practical guidance as to the matters that should be included in bundles, including the need for optical recognition, the need for the documents to be in…
AN ELECTRONIC BUNDLE SHOULD BE CONFINED TO “ESSENTIAL” DOCUMENTS: IT HELPS IF COUNSEL HAS A SAY IN ITS PREPARATION: IMPORTANCE GUIDANCE FROM THE HIGH COURT
In the judgment given this morning in Tailby , Re TPS Investments (UK) Ltd [2020] EWHC 1135 (Ch) HHJ Cox QC (sitting as a High Court Judge) gave some importance guidance in relation to the preparation and presentation of an…
COVID REPEATS 17: SEDLEY’S LAW OF DOCUMENTS
It was clearly his extensive experience with trial bundles that led Sedley L.J. to write “Sedley’s Laws of Documents”. These are laws that should be considered, in detail, by every litigator. For many, many years, a post I wrote on…
MORE USEFUL GUIDANCE ON BUNDLES AND VIRTUAL HEARINGS
Caselines has kindly sent me details of their very useful “COVID-19 Resource Hub” TOPICS COVERED Pandemics, Privacy, and Confidential Data Security: Managing Information Risk is Critical Video: Introduction to a CaseLines Bundle Quick Reference Guide: From Invite to…
EBUNDLING: VERY USEFUL STEP BY STEP GUIDE
James M Turner QC has prepared an EBundling Guide to help advocates and other deal with the issue of preparing bundles. This is a task we may all have to come to terms with in the very near future. The…
E BUNDLES: GUIDANCE FROM THE FINANCIAL REMEDIES COURT
The Courts and Tribunals Judiciary site has an “e-bundles protocol”. Since this is a sign of things to come it would benefit all practitioners to read it. THE GUIDANCE 4. Where an e-bundle is to be used the following technical…
2019 AND CIVIL PROCEDURE – A ROUND UP OF THE ROUND UPS: WHAT TO FRET ABOUT AND WHAT NOT TO FRET ABOUT…
There have been a series of annual reviews on key topics throughout December. To round off the year it seemed a good idea to provide a reminder of them all and put the links in one place 2019 AND CIVIL…
2019 AND CIVIL PROCEDURE THE YEAR IN REVIEW: FACTS, FIGURES AND SEARCH TERMS: “CAN A DEAD PERSON BE TAKEN TO COURT?”
The statistics at the end of the year are always interesting (to me at least). The search terms that lead to this blog can be quite illuminating (and sometimes quite alarming…). MOST READ POSTS OF 2019 After seven years…
2019 AND CIVIL PROCEDURE – THE YEAR IN REVIEW (1): BUNDLES
I am sorry to be starting the annual review of procedure so early, but December is a busy month and there is a lot to fit in. I’ll start with the subject that has constantly drawn the most readers to…
OPENING LINES OF JUDGMENTS: A DELUGE OF DOCUMENTARY EVIDENCE AND FRUSTRATED CASE MANAGEMENT MECHANISMS
This year has been fairly sparse in relation to notable opening lines to judgments. It is indeed difficult to match up to Martinez (t/a Prick) & Anor v Prick Me Baby One More Time Ltd (t/a Prick) & Anor [2018] EWHC…
WHAT A DAY FOR BUNDLES – SUPREME COURT SHENANIGANS DOESN’T LEAD TO PANNICK: A RECAP OF AVAILABLE GUIDANCE
Yesterday the Supreme Court was hearing two appeals in relation to the the prorogation of Parliament. The line up of legal talent is immense. However every single litigation lawyer watching could identify with the problems that the court was having…
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…
ANOTHER POST ON THE AUTHORITIES BUNDLE: THE SUPREME COURT SAY THEY SHOULD BE IN ALPHABETICAL ORDER: GUIDANCE FROM THE NICE LAWYERS OF TWITTER
Earlier today I reported on a comment from the Court of Appeal that it did not help for authorities to be placed in alphabetical order. I commented on the absence of clear guidance. Here we look at the views from…
A SECOND POST ABOUT BUNDLES OF AUTHORITIES: SORTING OF AUTHORITIES BY ALPHABETICAL ORDER NOT HELPFUL: COMMENTS FROM THE COURT OF APPEAL TODAY
The Court of Appeal adjourned the hearing today in Swift -v- Carpenter. Looking at the footage at 1.04 you can see a comment by the court in relation to the bundle of authorities. THE BUNDLE WAS IN ALPHABETICAL ORDER…
PREPARE A NON-COMPLIANT BUNDLE OF AUTHORITIES: THE RISKS OF COSTS BEING DISALLOWED: COURT OF APPEAL SOUNDS A WARNING
In the judgment today in Parr v Keystone Healthcare Ltd & Ors [2019] EWCA Civ 1246 Lord Justice Lewison expressed concerns about the failure to follow the Practice Direction on the citation of authorities. THE CASE The Court of…
BUNDLES: CIVIL CASES IN THE FAMILY DIVISION: COMPLY WITH THE RULES
In Re XY [2019] EWHC 1610 (Fam) Mr Justice Williams made it clear that all cases heard in the Family Division are subject to the Division rules relating to bundles. “For applications such as those under the Inheritance (Provision for…