APPENDIX 6 GUIDELINES ON BUNDLES Bundles of documents must comply with paragraph 3 of PD 39 Miscellaneous Provisions relating to Hearings. These guidelines are additional to those requirements, and they should be followed wherever possible. 1.   The preparation of bundles requires co-operation between the legal representatives for all parties, and in many cases a high level of co-operation. It is the duty of all legal representatives to co-operate to the necessary level. Where a party is acting in person it is also that party's duty to co-operate as necessary with the other parties' legal representatives. 2.   Bundles should be prepared in accordance with the following guidance. Avoidance of duplication 3.   No more than one copy of any one document should be included, unless there is good reason for doing otherwise. One such reason may be the use of a separate core bundle. 4.   If the same document is included in the chronological bundles and is also an exhibit to an affidavit or witness statement, it should be included in the chronological bundle and where it would otherwise appear as an exhibit a sheet should instead be inserted. This sheet should state the page and bundle number in the chronological bundles where the document can be found. 5.   Where the court considers that costs have been wasted by copying unnecessary documents, a special costs order may be made against the relevant person. In no circumstances should rival bundles be presented to the court. Chronological order and organisation 6.   In general documents should be arranged in date order starting with the earliest document. 7.   If a contract or other transactional document is central to the case it may be included in a separate place provided that a page is inserted in the chronological run of documents to indicate where it would have appeared chronologically and where it is to be found instead. Alternatively transactional documents may be placed in a separate bundle as a category. Pagination 8.   This is covered by paragraph 3 of the PD, but it is permissible, instead of numbering the whole bundle, to number documents separately within tabs. An exception to consecutive page numbering arises in the case of the core bundle. For this it may be preferable to retain the original numbering with each bundle represented by a separate divider. 9.   Page numbers should be inserted in bold figures, at the bottom of the page and in a form that can clearly be distinguished from any other pagination on the document. Format and presentation 10.   Where possible, the documents should be in A4 format. Where a document has to be read across rather than down the page, it should so be placed in the bundle as to ensure that the top of the text starts nearest the spine. 11.   Where any marking or writing in colour on a document is important, for example on a conveyancing plan, the document must be copied in colour or marked up correctly in colour. 12.   Documents in manuscript, or not easily legible, should be transcribed; the transcription should be marked and placed adjacent to the document transcribed. 13.   Documents in a foreign language should be translated; the translation should be marked and placed adjacent to the document translated; the translation should be agreed or, if it cannot be agreed, each party's proposed translation should be included. 14.   The size of any bundle should be tailored to its contents. There is no point having a large lever-arch file with just a few pages inside. On the other hand bundles should not be overloaded as they tend to break. No bundle should contain more than 300 pages. 15.   Binders and files must be strong enough to withstand heavy use. 16.   Large documents, such as plans, should be placed in an easily accessible file. If they will need to be opened up often, it may be sensible for the file to be larger than A4 size. Indices and labels 17.   Indices should, if possible, be on a single sheet. It is not necessary to waste space with the full heading of the action. Documents should be identified briefly but properly, e.g. "AGS3 - Defendants Accounts". 18.   Outer labels should use large lettering, e.g. "A. Pleadings." The full title of the action and solicitors' names and addresses should be omitted. A label should be used on the front as well as on the spine. 19.   A label should also be stuck on to the front inside cover of a file at the top left, in such a way that it can be seen even when the file is open. Staples etc. 20.   All staples, heavy metal clips etc. should be removed. Statements of case 21.   Statements of case should be assembled in 'chapter' form, i.e. claim form followed by particulars of claim, followed by further information, irrespective of date. 22.   Redundant documents, e.g. particulars of claim overtaken by amendments, requests for further information recited in the answers given, should generally be excluded. Backsheets to statements of case should also be omitted. Witness statements, affidavits and expert reports 23.   Where there are witness statements, affidavits and/or expert reports from two or more parties, each party's witness statements etc. should, in large cases, be contained in separate bundles. 24.   The copies of the witness statements, affidavits and expert reports in the bundles should have written on them, next to the reference to any document, the reference to that document in the bundles. This can be done in manuscript. 25.   Documents referred to in, or exhibited to, witness statements, affidavits and expert reports should be put in a separate bundle and not placed behind the statement concerned, so that the reader can see both the text of the statement and the document referred to at the same time. 26.   Backsheets to affidavits and witness statements should be omitted. New Documents 27.   Before a new document is introduced into bundles which have already been delivered to the court - indeed before it is copied - steps should be taken to ensure that it carries an appropriate bundle/page number, so that it can be added to the court documents. It should not be stapled, and it should be prepared with punch holes for immediate inclusion in the binders in use. 28.   If it is expected that a large number of miscellaneous new documents will from time to time be introduced, there should be a special tabbed empty loose-leaf file for that purpose. An index should be produced for this file, updated as necessary. Inter-Solicitor Correspondence 29.   It is seldom that all inter-solicitor correspondence is required. Only those letters which are likely to be referred to should be copied. They should normally be placed in a separate bundle. Core bundle 30.   Where the volume of documents needed to be included in the bundles, and the nature of the case, makes it sensible, a separate core bundle should be prepared for the trial, containing those documents likely to be referred to most frequently. Basis of agreement of bundles 31.   See Chapter 7, paragraph 13. Photocopy authorities 32.   If authorities, extracts from text-books etc. are photocopied for convenience for use in court, the photocopies should be placed in a separate bundle with an index and dividers. Reduced size copies (i.e. 2 pages of original to each A4 sheet) should not be used. Where only a short passage from a long case is needed, the headnote and key pages only should be copied and the usher should be asked to have the full volume in court. Whenever possible the parties' advocates should liaise about these bundles in order to avoid duplication of copies.     Previous     Next     Top