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THE ADMIRALTY & COMMERCIAL COURTS GUIDE 2006
Appendix 10
Preparation of Bundles
 
1.   The preparation of bundles requires a high level of co-operation between legal representatives for all parties. It is the duty of all legal representatives to co-operate to this high level.
2.   Bundles should be prepared as follows:
  
(i)   No more than one copy of any one document should be included, unless there is good reason for doing otherwise;
(ii)   Contemporaneous documents, and correspondence, should be included in chronological order;
(iii)   Where a contract or similar 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
  
(A)   the place the contract or similar document would have appeared had it appeared chronologically and
(B)   where it may be found instead;
(iv)   Documents in manuscript, or not fully legible, should be transcribed; the transcription should be marked and placed adjacent to the document transcribed;
(v)   Documents in a foreign language should be translated; the translation should be marked and placed adjacent to the document transcribed; the translation should be agreed, or, if it cannot be agreed, each party's proposed translation should be included;
(vi)   If a document has to be read across rather than down the page, it should be so placed in the bundle as to ensure that the top of the text is nearest the spine;
(vii)   No bundle should contain more than 300 pages;
(viii)   Bundles should not be overfilled, and should allow sufficient room for later insertions. Subject to this, the size of file used should not be a size that is larger than necessary for the present and anticipated contents;
(ix)   Bundles should be paginated, in the bottom right hand corner and in a form that can clearly be distinguished from any existing pagination on the document;
(x)   Bundles should be indexed, save that a chronological bundle of contemporaneous documents need not be indexed if an index is unlikely to be useful;
(xi)   Bundles should be numbered and named on the outside and on the inside front cover, the label to include the short title of the case, and a description of the bundle (including its number, where relevant).
3.   Documents within bundles should be marked as follows:
  
(i)   When copy documents from exhibits have been included in the bundle(s), then unless clearly unnecessary, the copy of the affidavit or witness statement to which the documents were exhibited should be marked in the right hand margin (in manuscript if need be) to show where the document referred to may be found in the bundle(s).
(ii)   Unless clearly unnecessary, where copy documents in a bundle are taken from the disclosure of more than one party the documents should be marked in the top right hand corner (in manuscript if need be) to show from which party's disclosure the copy document has been taken;
(iii)   Where there is a reference in a statement of case or witness statement to a document which is contained in the trial bundles a note should be made in the margin (if necessary in manuscript) identifying the place where that document is to be found. Unless otherwise agreed this is the responsibility of the party tendering the statement of case or witness statement.
4.   For the trial a handy-sized core bundle should normally be provided containing the really important documents in the case. The documents in this bundle should be paginated, but each page should also bear its bundle and page number reference in the main bundles. It is particularly important to allow sufficient room for later insertions (see paragraph 2(viii) above).
5.   Large documents, such as plans, should be placed in an easily accessible file.
6.  
(a)   When agreeing bundles for trial, legal representatives should bear in mind the effect of the Civil Evidence Act 1995Acts and of rules 33.2(3) (notice requiring proof of authenticity) and 32.19 (hearsay notices).
(b)   Pursuant to those provisions, documents which have not been the subject of a notice served in accordance with rule 32.19(2) (requiring proof of authenticity) will be admissible as evidence of the truth of their contents even if there has been non-compliance with the notice requirements of s. 2(1) of the 1995 Act and rule 33(2 )(see s. 2(4) of the Act). Accordingly, save for documents in respect of which there has been a timely notice to prove authenticity, all documents in the trial bundle will be admissible in evidence without more.
(c)   The fact that documents in the trial bundle are admissible in evidence does not mean that all such documents form part of the evidence in the trial. It is the trial advocate's responsibility to indicate clearly to the court before closing his or her case the written evidence which forms part of that case. This should be done in the written opening statement or in the oral opening statement if the document is then available. Documents which have not previously been put in evidence before the closure of the parties' cases should not normally be referred to as evidence in the course of final speeches.