[Solved] bundle help!

Hi there

I haven't heard of this before! My son was the applicant but because he was self repping and the other party had a solicitor, they were ordered to do the bundle and didn't charge.

I think they're batting on a sticky wicket to be honest! If they have been ordered by the court to compile the bundle and file it with the court and send a copy to you and they made no mention of you covering the cost at the time and it isn't stated in the order, then I think they are wrong to ask for payment.

I would call the court office first thing and ask them where you stand with this.

If there is something you want included in the bundle, such as a statement of issues then I would ask them to include it. Bundles come in all shapes and sizes, some have absolutely everything in them, whilst others are the bare bones. I don't think there's a rigid format as such.

If you feel strongly enough about it then write to the court. If they refuse to include the statement of issues then send it in to the court telling them that the other party had refused to include it in the bundle but you feel it's relevant to the case and ask for permission for it to be filed.

If you call the court about the charging issue, ask them about your rights to have a say about what gets included in the bundle and whether information that doesn't concern the child in question should be included.

this also happened to me and be very careful about bundles. there are new directions which apply and I will paste them in now. Just asy that you cant afford the cost and they cant have a hearing without a bundle so it will be a tricky situation. .

PRACTICE DIRECTION AMENDMENTS
The new Practice Direction supplementing the Family Procedure Rules 2010 is made
by the President of the Family Division under the powers delegated to him by the
Lord Chief Justice under Schedule 2, Part 1, paragraph 2(2) of the Constitutional
Reform Act 2005, and, to the extent that it applies to proceedings to which section 5
of the Civil Procedure Act 1997 applies, by the Master of the Rolls under the powers
similarly delegated to him by the Lord Chief Justice, and are approved by Simon
Hughes, Minister of State for Justice and Civil Liberties, by the authority of the Lord
Chancellor.
The new Practice Direction comes into force on 22nd April 2014.
___________________________
Sir James Munby
The President of the Family Division
___________________________
The Right Honourable The Lord Dyson
Master of the Rolls and Head of Civil Justice
Signed by authority of the Lord Chancellor:
____________________________
Minister of State for Justice and Civil Liberties
Ministry of Justice
NEW PRACTICE DIRECTION 27A
For Practice Direction 27A (Family Proceedings: Court Bundles (universal practice to
be applied in all courts other than the Family Proceedings Court), there is substituted
Practice Direction 27A as set out in the Schedule.
SCHEDULE
“PRACTICE DIRECTION 27A– FAMILY PROCEEDINGS: COURT BUNDLES
(UNIVERSAL PRACTICE TO BE APPLIED IN THE HIGH COURT AND FAMILY
COURT)
This Practice Direction supplements FPR Part 27
1.1 The President of the Family Division has issued this practice direction to
achieve consistency across the country in the Family Court and the Family Division
of the High Court in the preparation of court bundles and in respect of other related
matters.
Application of the practice direction
2.1 Except as specified in paragraph 2.4, and subject to specific directions given
in any particular case, the following practice applies to:
(a) all hearings before a judge sitting in the Family Division of the High
Court wherever the court may be sitting; and
(b) all hearings in the Family Court.
2.2 ‘'Hearing’' includes all appearances before the court, whether with or without
notice to other parties and whether for directions or for substantive relief.
2.3 This practice direction applies whether a bundle is being lodged for the first
time or is being re-lodged for a further hearing (see paragraph 9.2).
2.4 This practice direction does not apply to the hearing of any urgent application
if and to the extent that it is impossible to comply with it
Responsibility for the preparation of the bundle
3.1 A bundle for the use of the court at the hearing shall be provided by the party
in the position of applicant at the hearing (or, if there are cross-applications, by the
party whose application was first in time) or, if that person is a litigant in person, by
the first listed respondent who is not a litigant in person. Where all the parties are
litigants in person none of them shall, unless the court otherwise directs, be obliged
to provide a bundle, but any bundle which they choose to lodge must be prepared
and lodged so as to comply with this practice direction.
3.2 The party preparing the bundle shall paginate it using Arabic numbering
throughout. If possible the contents of the bundle shall be agreed by all parties.
Contents of the bundle
4.1 The bundle shall contain copies of only those documents which are relevant
to the hearing and which it is necessary for the court to read or which will actually be
referred to during the hearing. In particular, copies of the following classes of
documents must not be included in the bundle unless specifically directed by the
court:
(a) correspondence (including letters of instruction to experts);
(b) medical records (including hospital, GP and health visitor records);
(c) bank and credit card statements and other financial records;
(d) notes of contact visits;
(e) foster carer logs;
(f) social services files (with the exception of any assessment being
relied on by any of the parties);
(g) police disclosure.
This does not prevent the inclusion in the bundle of specific documents which it is
necessary for the court to read or which will actually be referred to during the
hearing.
4.2 The documents in the bundle shall be arranged in chronological order from
the front of the bundle, paginated individually and consecutively (starting with page 1
and using Arabic numbering throughout), indexed and divided into separate sections
(each section being separately paginated) as follows:
(a) preliminary documents (see paragraph 4.3) and any other case
management documents required by any other practice direction;
(b) applications and orders;
(c) statements and affidavits (which must be dated in the top right corner
of the front page) but without exhibiting or duplicating documents referred to
in para 4.1;
(d) care plans (where appropriate);
(e) experts’ reports and other reports (including those of a guardian,
children’s guardian or litigation friend); and
(f) other documents, divided into further sections as may be appropriate.
All statements, affidavits, care plans, experts’ reports and other reports included in
the bundle must be copies of originals which have been signed and dated.
4.3 At the commencement of the bundle there shall be inserted the following
documents (the preliminary documents):
(a) an up to date case summary of the background to the hearing
confined to those matters which are relevant to the hearing and the
management of the case and limited, if practicable, to four A4 pages;
(b) a statement of the issue or issues to be determined (1) at that hearing
and (2) at the final hearing;
(c) a position statement by each party including a summary of the order
or directions sought by that party (1) at that hearing and (2) at the final
hearing;
(d) an up to date chronology, if it is a final hearing or if the summary
under (i) is insufficient;
(e) skeleton arguments, if appropriate;
(f) a list of essential reading for that hearing; and
(g) the time estimate (see paragraph 10.1).
Copies of all authorities relied on must be contained in a separate composite bundle
agreed between the advocates.
4.4 Each of the preliminary documents shall be as short and succinct as possible
and shall state on the front page immediately below the heading the date when it was
prepared and the date of the hearing for which it was prepared. Where proceedings
relating to a child are being heard by magistrates the summary of the background
shall be prepared in anonymised form, omitting the names and identifying information
of every person referred to other than the parties’ legal representatives, and stating
the number of pages contained in the bundle. Identifying information can be
contained in all other preliminary documents.
4.5 The summary of the background, statement of issues, chronology, position
statement and any skeleton arguments shall be cross-referenced to the relevant
pages of the bundle.
4.6 The summary of the background, statement of issues, chronology and
reading list shall in the case of a final hearing, and shall so far as practicable in the
case of any other hearing, each consist of a single document in a form agreed by all
parties. Where the parties disagree as to the content the fact of their disagreement
and their differing contentions shall be set out at the appropriate places in the
document.
4.7 Where the nature of the hearing is such that a complete bundle of all
documents is unnecessary, the bundle (which need not be repaginated) may
comprise only those documents necessary for the hearing, but
(a) the summary of the background must commence with a statement that
the bundle is limited or incomplete; and
(b) the bundle shall if reasonably practicable be in a form agreed by all
parties.
4.8 Where the bundle is re-lodged in accordance with paragraph 9.2, before it is
re-lodged:
(a) the bundle shall be updated as appropriate; and
(b) all superseded documents (and in particular all outdated summaries,
statements of issues, chronologies, skeleton arguments and similar
documents) shall be removed from the bundle.
Format of the bundle
5.1 Unless the court has specifically directed otherwise, being satisfied that such
direction is necessary to enable the proceedings to be disposed of justly, the bundle
shall be contained in one A4 size ring binder or lever arch file limited to no more than
350 sheets of A4 paper and 350 sides of text.
5.2 All documents in the bundle shall (a) be copied on one side of paper only,
unless the court has specifically directed otherwise, and (b) be typed or printed in a
font no smaller than 12 point and with 1½ or double spacing.
5.3 The ring binder or lever arch file shall have clearly marked on the front and
the spine:
(a) the title and number of the case;
(b) the place where the case has been listed;
(c) the hearing date and time;
(d) if known, the name of the judge hearing the case; and
(e) where in accordance with a direction of the court there is more than
one ring binder or lever arch file, a distinguishing letter (A, B, C etc).
Timetable for preparing and lodging the bundle
6.1 The party preparing the bundle shall, whether or not the bundle has been
agreed, provide a paginated index to all other parties not less than 4 working days
before the hearing.
6.2 Where counsel is to be instructed at any hearing, a paginated bundle shall (if
not already in counsel’s possession) be delivered to counsel by the person
instructing that counsel not less than 3 working days before the hearing.
6.3 The bundle (with the exception of the preliminary documents if and insofar as
they are not then available) shall be lodged with the court not less than 2 working
days before the hearing, or at such other time as may be specified by the court.
6.4 The preliminary documents shall be lodged with the court no later than 11 am
on the day before the hearing and, where the hearing is before a judge of the High
Court and the name of the judge is known, shall (with the exception of the authorities,
which are to be lodged in hard copy and not sent by email) at the same time be sent
by email to the judge’s clerk.
Lodging the bundle
7.1 The bundle shall be lodged at the appropriate office. If the bundle is lodged in
the wrong place the court may:
(a) treat the bundle as having not been lodged; and
(b) take the steps referred to in paragraph 12.
7.2 Unless the court has given some other direction as to where the bundle in any
particular case is to be lodged (for example a direction that the bundle is to be lodged
with the judge’s clerk) the bundle shall be lodged:
(a) for hearings at the RCJ, in the office of the Clerk of the Rules, 1st
Mezzanine (Rm 1M), Queen's Building, Royal Courts of Justice, Strand,
London WC2A 2LL (DX 44450 Strand);
(b) for hearings at any other place, at such place as may be designated
by the designated family judge responsible for that place and in default of any
such designation at the court office for the place where the hearing is to take
place.
7.3 Any bundle sent to the court by post, DX or courier shall be clearly addressed
to the appropriate office and shall show the date and place of the hearing on the
outside of any packaging as well as on the bundle itself.
7.4 Unless the court has given some other direction or paragraph 7.5 applies only
one copy of the bundle shall be lodged with the court but the party who is responsible
for lodging the bundle shall bring to court at each hearing at which oral evidence may
be called a copy of the bundle for use by the witnesses.
7.5 In the case of a hearing listed before a bench of magistrates four copies of
the bundle shall be lodged with the court.
7.6 In the case of hearings at the RCJ or at any other place where the designated
family judge responsible for that place has directed that this paragraph shall apply,
parties shall:
(a) if the bundle or preliminary documents are delivered personally,
ensure that they obtain a receipt from the clerk accepting it or them; and
(b) if the bundle or preliminary documents are sent by post or DX, ensure
that they obtain proof of posting or despatch.
The receipt (or proof of posting or despatch, as the case may be) shall be brought to
court on the day of the hearing and must be produced to the court if requested. If the
receipt (or proof of posting or despatch) cannot be produced to the court the judge
may: (a) treat the bundle as having not been lodged; and (b) take the steps referred
to in paragraph 12.
Lodging the bundle – additional requirements for Family Division or Family
Court cases being heard at the RCJ
8.1 Bundles or preliminary documents delivered after 11 am on the day before
the hearing may not be accepted by the Clerk of the Rules and if not shall be
delivered:
(a) in a case where the hearing is before a judge of the High Court,
directly to the clerk of the judge hearing the case;
(b) in a case where the hearing is before any other judge, to such place
as may be specified by the Clerk of the Rules.
8.2 Upon learning before which judge a hearing is to take place, the clerk to
counsel, or other advocate, representing the party in the position of applicant shall no
later than 3 pm the day before the hearing:
(a) in a case where the hearing is before a judge of the High Court,
telephone the clerk of the judge hearing the case;
(b) in a case where the hearing is before any other judge email the Clerk
of the Rules at RCJ.familyhighcourt@hmcts.gsi.gov.uk;
to ascertain whether the judge has received the bundle (including the preliminary
documents) and, if not, shall organise prompt delivery by the applicant's solicitor.
Removing and re-lodging the bundle
9.1 Unless either the court wishes to retain the bundle or specific alternative
arrangements have been agreed with the court, the party responsible for the bundle
shall, following completion of the hearing, retrieve the bundle from the court
immediately or, if that is not practicable, collect it from the court within 5 working
days. Bundles which are not collected in due time are liable to be destroyed without
further notice.
9.2 The bundle shall be re-lodged for the next and any further hearings in
accordance with the provisions of this practice direction and in a form which complies
with para 4.7.
Time estimates
10.1 In every case a time estimate (which shall be inserted at the front of the
bundle) shall be prepared which shall so far as practicable be agreed by all parties
and shall:
(a) specify separately: (i) the time estimated to be required for judicial prereading;
and (ii) the time required for hearing all evidence and submissions;
and (iii) the time estimated to be required for preparing and delivering
judgment;
(b) be prepared on the basis that before they give evidence all witnesses
will have read all relevant filed statements and reports; and
(c) take appropriate account of any additional time likely to be incurred by
the use of interpreters or intermediaries.
10.2 Once a case has been listed, any change in time estimates shall be notified
immediately by telephone (and then immediately confirmed in writing):
(a) in the case of hearings in the RCJ, to the Clerk of the Rules; and
(b) in the case of hearings elsewhere, to the relevant listing officer.
Taking cases out of the list
11.1 As soon as it becomes known that a hearing will no longer be effective,
whether as a result of the parties reaching agreement or for any other reason, the
parties and their representatives shall immediately notify the court by telephone and
email which shall be confirmed by letter. The letter, which shall wherever possible be
a joint letter sent on behalf of all parties with their signatures applied or appended,
shall include:
(a) a short background summary of the case;
(b) the written consent of each party who consents and, where a party
does not consent, details of the steps which have been taken to obtain that
party's consent and, where known, an explanation of why that consent has
not been given;
(c) a draft of the order being sought; and
(d) enough information to enable the court to decide (i) whether to take
the case out of the list and (ii) whether to make the proposed order.
Penalties for failure to comply with the practice direction
12.1 Failure to comply with any part of this practice direction may result in the
judge removing the case from the list or putting the case further back in the list and
may also result in a “wasted costs” order or some other adverse costs order.
Commencement of the practice direction and application of other practice
directions
13.1 Subject to paragraph 13.2 this practice direction shall have effect from 22
April 2014.
13.2 Sub-paragraphs (a)-(c) and (e)-(g) of paragraph 4.1 and paragraphs 5.1 and
5.3(e) shall have effect from 31 July 2014. In the meantime paragraphs 5.1 and
5.3(e) shall have effect as if:
(a) paragraph 5.1 read “The bundle shall be contained in one or more A4
size ring binders or lever arch files (each lever arch file being limited to no
more than 350 pages).”; and
(b) in paragraph 5.3(e) the words “in accordance with a direction of the
court” were omitted.
14.1 This practice direction should where appropriate be read in conjunction with
the Public Law Outline 2014 (PD12A) and the Child Arrangements Programme 2014
(PD12B). In particular, nothing in this practice direction is to be read as removing or
altering any obligation to comply with the requirements of the Public Law Outline
2014 and the Child Arrangements Programme 2014.
This Practice Direction is issued:
(a) in relation to family proceedings, by the President of the Family
Division, as the nominee of the Lord Chief Justice, with the agreement of the
Lord Chancellor; and
(b) to the extent that it applies to proceedings to which section 5 of the
Civil Procedure Act 1997 applies, by the Master of the Rolls as the nominee
of the Lord Chief Justice, with the agreement of the Lord Chancellor.”

also be prepared for dirty tricks with stuff missing and wrong stuff put in. Please make up your own bundle and copies to hand out when you get to court so that the case can continue. if she is legal aided then make legal aid aware of any unnecessary costs that may be incurred. the bundle wont always be agreed but when you get to court you will be able to argue the admissibility of anything in it. Id be inclined to concentrate on your case.