Category Bundles

CIVIL LITIGATION REVIEW OF 2016: PROMISCUOUS BUNDLES & THAT CRAZY LITTLE THING CALLED PROPORTIONALITY

This is the third annual review of the year on this blog. 2016, as ever, has been an interesting year.  As ever, a comprehensive review can be found in Herbert Smith Freehills A litigator’s yearbook: 2016 (England and Wales). PREDICTIONS FROM LAST YEAR Proportionality will remain a big (and largely unresolved) issue. The meaning of […]

UNNECESSARY MATERIAL, DUPLICATION AND INFORMATION OVERLOAD: ANOTHER JUDGE’S LAMENT

The observations of Mr Justice Kerr at the end of his judgment in Kimmance -v- General Medical Council [2016] EWHC 1808 (Admin) contains some familiar themes in relation to the preparation of cases: bundles, citations and skeletons. “The parties should not lodge thousands of pages of documents to cater for a chance of one in […]

PROVING THINGS 22: DAMAGES, MITIGATION , PART 36 (AND EVEN SOMETHING ABOUT BUNDLES)

The Court of Appeal decision today in Pawar -v- JSD Haulage Ltd [2016] EWCA Civ 551 contains some important lessons in relation to proving damages, mitigation of loss and Part 36 offers. “The fact that a claimant does not mitigate his loss does not mean automatically that he recovers nothing. It means he is not […]

BUNDLES EXHIBITS AND PAGINATION: AVOIDING COSTLY MISTAKES

I have given up being surprised that the post on trial bundles and Sedley’s Law is the most read post on this blog.  Day after day, month after month, it draws a regular readership. However, in practical terms, it is easy to see why this is. The importance of bundles, exhibits and accurate pagination can […]

THE SUPREME COURT CONSIDERS THE QUESTION OF EXPENSIVE BUNDLES: COULD IT BE CHEAPER ELECTRONICALLY?

Since Supreme Court decisions on trial bundles are few and far between I am  compelled to write about the judgment in Eclipse Film Partners -v- Commissioners for Her Majesty’s Revenue & Customs [2016] UKSC 24.  Here the Court considered bundles which cost over £200,000. I decided to investigate if e-bundles would be cheaper. ” the […]

ANOTHER COMMENT ON BUNDLES: TOO MUCH AND TOO BIG

I do not scour the law reports for complaints about trial bundles, they just keep occurring and I keep commenting.  It is a matter that has a surprisingly large readership: the post on how to prepare a trial bundle has been the most popular post on this blog for two years. There were more observations […]

MORE ON BUNDLES: VERY DIFFICULT TO USE

I worry that it is unfair on judges for me to select a small part of a carefully crafted judgment for discussion.    However  comments on practice and procedure are clearly made, within a judgment,   for a reason.  So I want to point out short observation of Mr Justice Dingeman in his judgment yesterday […]