|
|
Practice Directions |
1. In cases for trial where the parties will seek to place documents before the trial judge, it is the responsibility of the solicitors for all parties to seek to agree and prepare a bundle of documents in loose-leaf files. Delay in its preparation should not be permitted because one party fails to co-operate. The plaintiff’s solicitor should propose what documents should go in the agreed bundle in adequate time for the defendants to consider the proposal. Failing timely agreement, the plaintiff's solicitor should proceed to prepare the bundle. Additional documents can be inserted as required.
Additional documents should be numbered “88–1, 88–2, 88–3” rather than by use of letters.
Bundles must not include documents which are unlikely to be referred to at the trial. If documents unexpectedly become relevant during the trial they can be added.
2. In many cases it is desirable that a small bundle should be prepared containing the documents which are central to the dispute to which the parties will refer. This should be done in all cases in which the agreed bundle exceeds 100 pages.
3. Often doubt arises concerning the status of documents in an agreed bundle. Attention is drawn to O.27 r.4 under which in practice most listed documents are deemed to be authentic. When a bundle is agreed, it should be clearly and explicitly settled between the parties and marked on the front of the bundle which documents—
(b) are agreed only for inclusion; or
(c) are also agreed (subject to any submission as to weight) as evidence of their contents.
4. Bundles of documents to be placed before the trial judge must be—
(b) arranged in chronological order from the front;
(c) paged consecutively; and
(d) fully and easily legible (typed copies if necessary).
Transcripts of judgments and evidence should not be bound up with other documents.5. Agreed bundles must be lodged with the court at least three clear working days before the date fixed for the hearing.