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So is it the courts responsibility to ensure that all parties receive a bundle in between hearings? Or the guardian or the solicitor representing the guardian?
In all the time I've been going to court, I have never received one. I believe my ex hasn't either.
The creation of the bundle was ordered by the judge quite early on and it was the responsibility of the creator to maintain it and distribute it. There were rules about how it was to be laid out and the contents agreed. If I remember rightly the solicitor representing the ex had to create the bundle as only she had one but now he has a solicitor he takes care of it. His bundle is now in three lever arch files, it was vital to the case as the judge could be quickly directed to parts of it during the hearings.
So on the basis that I have never received one, is there something that I can do about this? The contents of the bundle have never even been discussed with anyone in the hearings. Could this also be another reason to appeal if the correct procedures have not been followed?
I don’t know if a bundle is required in all cases but it would be worth checking out. The contents have to be approved by all parties outside of court. I remember his solicitor had to send ex the contents list to approve (she had lost legal aid at this point) and ask her if she wanted to add anything to be bundle. Typically, and helpfully, she ignored this request as she did all court paperwork so the bundle was pretty much the way he wanted it.
Lots of info about bundles here:
https://www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_27a
I think this is what I used when he was self representing right at the start and we had tp prepare the bundle. It does seem to imply a bundle is standard to ensure consistency but whether you could use this in some way to prove your judge was negligent in not ordering one I don’t know. Maybe check with a solicitor.
It does say “ ...... 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.” Are you both litigants in person?
Paul, you've had cracking advice from the guys here and 27A will give you all the guidance you need regarding preparation of the bundle. You can take a Position Statement with you on the day without needing permission. If you try to file in advance, it may be rejected. Don't attach evidence to it though.
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