Tips on the preparation of bundles

I am conscious that what follows may be thought patronising by a great number of readers, because the observations I make are trite and it should not be necessary to spell them out in a printed article. On the other hand, the bad habits I am seeking to eradicate by publicising them are so widespread and do such damage to the prospects of winning, and the risk of causing offence is so heavily counter-balanced by the possibility that some good might come of it, that I feel it is worth braving the disdain to which I am likely to be subject.

Because the majority of bundles I have to work with are inadequately prepared, I suspect that the task (a tedious one) is being delegated to too-junior and inexperienced hands.
In one Court of Appeal judicial review in which I was briefed,
I undertook the preparation of the bundles myself, in order to avoid the same embarrassment
I experienced in the Administrative Court – where a substantial number of pages in the lodged bundles had been photocopied at an angle, cutting off the bottom right-hand quadrant of each page. Needless to say, the judge did not come into court on my side.

Here, then, are some commonly found problems with bundles sent to me, each one
of which can impact adversely on the chances of winning, no matter what the overall merits. Cumulatively, they are disastrous.

• Overstuffed ring binders

Whoever sits back with a sense of achievement at ‘having managed to get everything into one bundle’ is in need of a serious talking to. A bundle so stuffed that it is time consuming, and often rips the hole-punches in the process, to work the pages up round the rings in order to get to the second half of it is not user-friendly. Making a bundle easy for the judge to read is the key to the whole business. The written material should be split into as many bundles as are necessary to achieve this. Using different-coloured bundles, for easy identification, can be very effective.

• Double-sided printing

My irritation at trying to write notes in the small margins available to me on bundles printed on both sides of the page sometimes has me loathing my client so much I wish I were on the other side.

• Lack of pagination

Page numbers should be large, bold, and easy to read. Most automated pagination (i.e. by photocopiers) is far too small and should be avoided. I always put page numbers on the bottom right-hand side, in black felt-tip pen, manually. It does not matter in the least that such pagination is not pretty: it is easy to see.

• Poor ‘tabbing’

Many compilers of bundles believe that comprehensive ‘tabbing’ obviates the need
for pagination: it doesn’t. Sometimes the contents of
a single tab are voluminous –
for example, a local
authority agenda that
includes an officer’s report,
all representations for
and against, other correspondence, and
maybe maps and plans too.
Tabs within tabs should be considered, and sub-indexing is essential. The quality of tabs can make the difference between a bundle that has the reader saying, ‘They know what they are doing’, and a bundle that looks amateur. I have a particular aversion to coloured cardboard tabs with manuscript numbers or letters written on them. Thin, floppy plastic tabs are hideous.

• Order of material

The ideal bundle is one that can be picked up and read, cover to cover, telling the story in a logical and chronological order. That is not always possible, of course, but as near as possible should be the aim. It is irritating to start reading a bundle and find it makes no immediate sense, or instantly requires the reader to turn back and forth between the pages in order to understand what is being said. Conversely, a bundle that has the judge quickly thinking (I put it no higher) that they know what the case is all about is a joy to read.

• Cross-referencing

The compiled bundles should cross-reference (by bundle number, colour, tab, and page number) each and every document mentioned. Not only does it facilitate reading, but it also makes writing a skeleton using the bundle a joy.

• Inadequate indexing

When, as mentioned above, a particular tab contains a large number of pages, a sub-index to that tab should identify the different sections or topics – even if they are given their own sub-tabs. Directing the judge’s way, quickly and with the least amount of fuss, to what one wants them to read makes for a smooth presentation, and is much appreciated on the bench. SJ

Gerald Gouriet QC practises at Francis Taylor Building