PROMISCUITY AND BUNDLES: CAN CAUSE CONSTERNATION

For two years running the post on how to prepare a trial bundle has been the most popular post on this blog (this year it is running second to the post on how to draft a witness statement). The reasons for the concern can be seen in the judgment of Mr Justice Coulson in Deluxe Art & Theme Limited -v- Beck Interiors Ltd [2016] EWHC 238 (TCC). It is not the first time a trial judge has been critical of the number of bundles.

A SHORT SHOT ACROSS THE BOWS

  1. I should say at the outset that I am extremely grateful to both counsel who dealt clearly and concisely with the issues. As practitioners experienced in this sort of work, I know they will have shared my consternation that a relatively simple enforcement dispute was the subject of no less than six full lever arch files. Four of these files were never referred to. It is exceedingly rare that any adjudication enforcement dispute requires more than one lever arch file of documents. The time is fast approaching when, unless the parties and their solicitors cooperate properly and comply with the TCC Guide, the court will simply refuse to hear cases with such promiscuous and unnecessary bundling.

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One comment

  1. As the criminal courts of England & Wales switch over from paper to electronic bundles (completely during this year) this problem will no longer apply to those sitting in Crown Courts.

    In fact, if the parties feel that documents must be added to the evidence set, they will no longer translate into weight that must be carried by the Judge or the Judge’s clerk.

    We should all look forward to the civil courts following the lead of the criminal courts.

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