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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham. 4-5 Gray's Inn Square, London.
Browse: Home » Trial bundles

ANOTHER COMMENT ON BUNDLES: TOO MUCH AND TOO BIG

April 18, 2016 · by gexall · in Applications, Bundles, Uncategorized, Written advocacy

I do not scour the law reports for complaints about trial bundles, they just keep occurring and I keep commenting.  It is a matter that has a surprisingly large readership: the post on how to prepare a trial bundle has…

MORE ON BUNDLES: VERY DIFFICULT TO USE

April 6, 2016 · by gexall · in Bundles, Case Management, Civil evidence, Civil Procedure, Uncategorized

I worry that it is unfair on judges for me to select a small part of a carefully crafted judgment for discussion.    However  comments on practice and procedure are clearly made, within a judgment,   for a reason.  So…

TROUBLESOME BUNDLES YET AGAIN: MR JUSTICE EDER SPEAKS OUT ON WASTEFUL BUNDLES IN THE COMMERCIAL COURT

March 30, 2015 · by gexall · in Applications, Civil Procedure

The question of bundles was raised by Mr Justice Eder in Taberna Europe -v- Selskabet [2015] EWHC 871 (Comm).  This is hardly a new complaint and appears across the board in all jurisdictions. (There are now 16 posts on this…

MORE ON BUNDLES: THERE IS MUCH TIME & MONEY TO BE SAVED YET

February 24, 2015 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Written advocacy

I have often commented (and been surprised) by the fact that a post on preparing trial bundles is always the most popular page on this blog.  Following a prompt from Dominic Regan it was interesting to watch the live feed…

LENGTHY BUNDLES AND INTERIM COSTS: OBSERVATIONS FROM THE TECHNOLOGY & CONSTRUCTION COURT

February 18, 2015 · by gexall · in Applications, Civil Procedure, Costs, Witness statements, Written advocacy

The two judgments of Mr Justice Akenhead in the Secretary of State for the Home Environment -v- Raythean Systems Limited [2014] EWHC 4375 (TCC) and [2015] EWHC 311 (TCC) contain some familiar motifs in relation to the size of bundles,…

COSTS, PROPORTIONALITY AND GETTING THE BUNDLES RIGHT: TAKE EVERYTHING OUT OF COURT NOW AND COME BACK TOMORROW

December 5, 2014 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting

An earlier post reported on the observations of Mostyn J in J-v-J in relation to costs, proportionality and bundles.  If you take the indignation and sense of outrage  expressed in  J-v-J  about costs, preparation and bundles,  and then  quadruple it,…

"MADNESS" OVER COSTS AND USELESS TRIAL BUNDLES : VIEWS FROM ANOTHER JURISDICTION

November 12, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Costs, Costs budgeting

Civil practitioners may benefit from reading the observations of Mostyn J in J -v- J [2014] EWHC 3654 (Fam). It suggests that family lawyers may soon be subject to much more rigorous costs budgeting. There are also important observations about…

CASE NOT STRUCK OUT BECAUSE OF A FAILURE TO FILE TRIAL BUNDLE & PAY COURT FEES

November 3, 2014 · by gexall · in Appeals, Applications, Avoiding negligence claims, Civil Procedure, Costs, Relief from sanctions

One of the most read posts on this blog was, in the middle of the Mitchell Madness period, when a judge struck out an action because the trial bundle had been lodged late.  This issue was considered by Hickinbottom J…

FINDINGS OF FACT AND CREDIBILITY: THE COURT OF APPEAL WILL RARELY INTERFERE

October 16, 2014 · by gexall · in Appeals, Applications, Civil evidence, Disclosure, Witness statements

The decision of the Court of Appeal today  in Exsus Travel Ltd -v- James Turner [2014] EWCA Civ 1331 reinforces the points made in earlier posts about the reluctance of the Court of Appeal to interfere with findings of fact…

TRIAL PREPARATION, BUNDLES & WITNESS STATEMENTS: THE JUDGE'S LAMENT

October 12, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Useful links, Witness statements, Written advocacy

The earlier post on the decision in Weathford -v- Hydropath  concentrated upon the application for a non-party costs order.  However in the primary judgment on liability the judge made some all too common criticisms in relation to trial preparation, skeleton…

ROBUST DECISIONS, CASE MANAGEMENT AND WITNESS EVIDENCE: AVOIDING REVERSE MACROCOSM

October 11, 2014 · by gexall · in Applications, Civil Procedure, Witness statements, Written advocacy

In Tindall Cobham 1 Ltd -v- Adda Hotel  [2014] EWHC 2637 (Ch) Peter Smith J made robust orders to ensure that an application would be heard within days rather than months.  He also made some telling observations in relation to…

MAKING AN APPLICATION IN THE CHANCERY DIVISION AFTER THE 1ST OCTOBER 2014: NO BUNDLE NO HEARING

September 26, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Useful links, Written advocacy

The Chancery Division has introduced strict new provisions which apply from 1st October 2014. No bundle no hearing. Here we look at the essential elements of the guidance and application bundles. THE PRACTICE NOTE The Practice Note states: “Old and…

E-BUNDLE PRACTICE DIRECTION FROM BIRMINGHAM MERCANTILE COURT: THE SHAPE OF THINGS TO COME

September 9, 2014 · by gexall · in Civil Procedure, Written advocacy

I posted yesterday on the new procedure for e-bundles in the House of Lords and Privy Council. HH Simon Brown QC has sent me a cop of the e-court direction that applies in the Birmingham Mercantile Court. It probably reflects…

E-BUNDLES COMING TO THE SUPREME COURT AND PRIVY COUNCIL VERY, VERY SOON

September 8, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Useful links

The Supreme Court  has issued guidance on the use of electronic bundles which will be mandatory for a trial period. Parties given permission to appeal in the Supreme Court and Privy Council after the 1st October 2014 will be expected…

MORE ABOUT TRIAL BUNDLES: MOST OF THE STUFF IN THEM IS USELESS (APPARENTLY)

August 13, 2014 · by gexall · in Applications, Civil evidence, Civil Procedure, Written advocacy

The decision discussed earlier today of Dowdall -v- William Kenyon & Sons Ltd [2014] EWHC 2822 (QB) contained an interesting observation that I wanted to deal with separately. It concerns the “usefulness” of trial bundles. OBSERVATIONS ON THE BUNDLES The Claimant has…

BUNDLES, APPEALS AND THE ART OF ADVOCACY: ARE POOR BUNDLES LETTING DOWN YOUR CASE?

July 14, 2014 · by gexall · in Appeals, Civil evidence, Civil Procedure, Written advocacy

The recent post on Caldero Trading -v- Leibson [2014] EWCA Civ 935 included the Court of Appeal’s criticism of the voluminous bundles prepared in that case.  The trial bundle is often neglected as a tool for advocacy. THIS DOES MEAN THAT A…

LEEDS LAW SOCIETY MEET THE JUDGES EVENT: JACKSON ONE YEAR (AND A FEW MONTHS) ON

LEEDS LAW SOCIETY MEET THE JUDGES EVENT: JACKSON ONE YEAR (AND A FEW MONTHS) ON

June 18, 2014 · by gexall · in Applications, Civil Procedure, Costs, Costs budgeting, Relief from sanctions, Risks of litigation, Striking out, Uncategorized

Yesterday evening Leeds Law Society held a “meet the judges” evening when practitioners met local judges and court staff to discuss issues arising out of the implementation of the Jackson reforms.   Some of the issues were specific to Leeds but most…

A WORD ABOUT BUNDLES: MORE VIEWS FROM THE BENCH: RULES APPLY TO JUDICIAL REVIEW TOO

May 8, 2014 · by gexall · in Civil Procedure, Serving documents

The article I wrote on trial bundles remains one of the most visited posts on this blog.  It is always one of the most visited posts each working day.   Proper preparation can make a major different to the efficient…

"PAPER MUST VANISH FROM THIS COURT": CANADIAN JUDGE ORDERS E-TRIAL TO PREVENT COURTS BECOMING MUSEUM PIECES

April 11, 2014 · by gexall · in Civil Procedure, Disclosure

At a time when increased resources are promised to the court it is interesting to read the observations in the Canadian Courts of Brown J in the case of Broome Financial Corporation -v- Bank of Montreal 2014 ONSC 2178 (CanLII). Essentially…

TRIAL BUNDLES: ANOTHER VIEW FROM THE BENCH: WILL SEDLEY'S LAW BECOME BEHRENS' LAW?

March 10, 2014 · by gexall · in Civil Procedure, Uncategorized, Useful links, Witness statements, Written advocacy

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 [2014] EWHC 340 (Ch) indicates that, bundles remain far from perfect. BURNARD Judgment…

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