Thanks a bundle

I make no apology for treading over ground visited by others, more erudite and distinguished than me. But picture this'¦

The bundle you have been calling for since 4.30 pm the previous day finally arrives at 9.46 am (for a 10am trial) clutched by a breathless clerk: 'Just arrived at the counter, Sir.' It is immediately obvious that the solicitor who has compiled a bundle is an ardent devotee of Lord Justice Sedley's Laws of Documents.

The lever arch file, on its seventh or eighth visit to the court judging from the sticky labels all over it (but why not '“ I am all for recycling) has the end of one of the arches poking right through the hole in the cover, ensuring total security. The file will not open. Two minutes' controlled violence accompanied by language not usually found in legal textbooks releases the cover, and a little more digital effort and the judicious application of the Green Book succeed in marrying up the two ends of each arch.

There is an index!

Part A: Case Summary '“ to follow (when, after judgment?)

Chronology '“ to follow

Statement of issues '“ to follow

A lot of help there, then.

Part B. Pleadings

You turn gratefully to the Particulars of Claim, to the Particulars of Claim, to the Particulars of Claim, to the Particulars of Claim '“ yes, four identical copies followed by, guess what, Amended Particulars of Claim. At least the defence only appears once, apart that is from the second page, which is missing. You are really getting a clear idea of the issues you have to try.

Move on to the medical evidence; reports from two orthopods, replies to questions about their joint statement '“ joint statement? '“ must have missed that; no, not to be found.

Try the medical notes '“ Part E. pages 87 to 465 (no wonder the arches bent): virtually illegible, copying chopped off at the sides, pages copied upside down, blank pages'¦ is there anything of relevance here anyway?

Maybe I have laboured the point, but this is all from actual experience, if not necessarily all in the same case! Preparing a trial bundle is important, particularly when, as is so often the case these days, trials are timetabled on the basis that the judge has pre-read the case. Preparation of a bundle may not require great legal knowledge, but without the application of common sense, logic and attention to detail it can be guaranteed to raise the judicial blood pressure, if not cause apoplexy.

Family lawyers have recently had the benefit of a very full Practice Direction from the President telling them how to prepare bundles in the most precise detail. The Chancery Guide has useful guidelines on the preparation of bundles at Appendix 6, as does the Admiralty and Commercial Court Guide at Appendix 10. Perhaps common law lawyers in the County Court would benefit from something similar. In the meantime, when you are preparing or checking a bundle please try to put yourself in the shoes of the trial judge '“ is your compilation going to help him or her understand the case, or is it going to put the judicial back up to the point where your client's case is in danger of being harmed?

Top tips

Here are some of my (more positive) thoughts.

Work out a logical format for the bundle: chronological, topic by topic or whatever, but the system should be obvious.

If witness statements, in a contract dispute, for example, have been prepared (exasperatingly) with a large number of documents individually exhibited, each with its own facing sheet (why not just one paginated exhibit?), do not put copies of all the exhibited documents behind the statement, especially if, as will almost always be the case, other witnesses refer to the same documents. Put all the exhibited documents (one copy only of each unless there are in fact different versions and the difference is relevant) in a separate section and perhaps put the page reference to the document in that section on a copy of the exhibit facing sheet or in a separate page of cross-references.

Do not leave out key documents, but equally do leave out what is not going to be referred to. How often do we see huge wodges of medical notes in bundles when only two or three pages are ever referred to? Agree with the other side what goes in and what does not.

If originals are so bad that photocopying them produces something quite unintelligible, put a transcription of the document behind the copy document, but make sure the transcription is done accurately.

Do check to ensure that the pagination works '“ there is nothing more irritating than 'page 86, your page 93, or is it 92, Sir' throughout a trial.

And do ensure the bundle gets to the court in sufficient time for the judge to read it '“ we may be quick, but 400-odd pages arriving less than 20 minutes before the trial is due to start is beyond most of us.

A well prepared bundle is a joy to behold, and think of the trees!

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