oct ewj 24 online - Flipbook - Page 24
The Basic Art of the Perfect Bundle
The provision and content of a bundle can make or break a trial. That might sound overly
dramatic for something which on its face is a purely administrative task but a well-constructed
and tactically considered bundle can make all the difference. A perfect bundle allows the
advocate to seamlessly direct a Judge or witness to the relevant evidence. It allows documents to
be compared where needed and ensures that all evidence can be read and understood by those
involved in the trial or hearing.
In open Court, with the Judge’s indulgence, missing
documents can be handed up, if available to Counsel.
With remote hearings that is not possible. It must also
be remembered that Judges working from home or
an alternative court venue may not have access to the
Court file.
A failure to file a bundle could result in a case being
adjourned and the defaulting party facing a costs
order. Solicitors may also find themselves at the wrong
end of a show cause order when a trial collapses due
to a missing or defective bundle. Similarly, a defective
bundle with missing or unreadable documents could
result in arguments being disallowed or rejected.
The importance of a well-constructed bundle cannot,
therefore, be underestimated for both the smooth
running of justice and the overall prospects of success
of a claim presented.
There has been much discussion about technological
advances allowing the linking of documents or navigation at the touch of a button. In reality, however, if
the basics of bundle preparation are not achieved
technology is unlikely to insulate parties from the cost
implications.
It must also be stressed that the need for a properly
constructed bundle is not just a concern for complicated or multi track trials. In fact the need for a skilfully constructed bundle is amplified by the rough and
ready nature of the Fast and Small Claims Track.
The art of preparing the perfect bundle falls under
three main headings Content, Quality and
Construction.
Content
CPR 39.5 governs the filing of trial bundles but
provides no rules or guidance on what should be included and in what format. This lack of guidance was
changed in April 2019 with the addition of CPR 32
PD 27 which significantly expanded the requirements
for agreed bundles.
CPR 32 PD 27.5 confirms that:
‘Unless the court orders otherwise, the trial bundle
should include a copy of—
(a) the claim form and all statements of case;
(b) a case summary and/or chronology where
appropriate;
(c) requests for further information and responses to
the requests;
(d) all witness statements to be relied on as evidence;
(e) any witness summaries;
(f) any notices of intention to rely on hearsay evidence
under rule 32.2;
(g) any notices of intention to rely on evidence (such
as a plan, photograph etc.) under rule 33.6 which is
not—
(i) contained in a witness statement, affidavit or
experts’ report;
(ii) being given orally at trial; and
(iii) hearsay evidence under rule 33.2;c
(h) any medical reports and responses to them;
(i) any experts’ reports and responses to them;
(j) any order giving directions as to the conduct of the
trial; and
(k) any other necessary documents.’
