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Contents of the bundle
4.1
The bundle shall contain copies of all documents relevant to the hearing,
in chronological order from the front of the bundle, paginated and indexed,
and divided into separate sections (each section being separately
paginated) as follows –
(a) preliminary documents (see paragraph
4.2) 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);
(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.
Copies of notes of
contact visits should
normally not be included in the bundle unless directed by a judge.
4.2
At the commencement of the bundle there shall be inserted
the following documents (‘the preliminary documents’) –
(i) an
up to date 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 one A4 page;
(ii) a statement of
the issue or issues to be determined (1) at that hearing and (2) at the
final hearing;
(iii) 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;
(iv) an up to date chronology, if it
is a final hearing or if the summary under (i) is insufficient;
(v) skeleton arguments, if appropriate, with copies of all authorities
relied on; and
(vi) a list of essential reading for that
hearing.
4.3
Each of the preliminary documents 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.
4.4
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.
4.5
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.
4.6
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 –
(i) the summary
(paragraph 4.2(i)) must commence with a statement that the bundle is
limited or incomplete; and
(ii) the bundle shall if reasonably
practicable be in a form agreed by all parties.
4.7
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.
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Format of the bundle
5.1
The bundle shall be
contained in one or more A4 size ring binders or lever arch files (each
lever arch file being limited to 350 pages).
5.2
All ring
binders and lever arch files shall have clearly marked on the front and the
spine –
(a) the title and number of the case;
(b) the
court 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 there is more than one ring binder or lever arch
file, a distinguishing letter (A, B, C etc).
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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 (in relation to a case management
conference to which the provisions of the Public Law Protocol [2003] 2 FLR
719 apply, not less than 5 working days before the case management
conference).
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
judge.
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 at the same time be sent by e-mail to the judge's clerk.
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Lodging the bundle
7.1
The
bundle shall be lodged at the appropriate office. If the bundle is lodged
in the wrong place the judge may –
(a) treat the bundle as
having not been lodged; and
(b) take the steps referred to in
paragraph 12.
7.2
Unless the judge 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 in the RCJ,
in the office of the Clerk of the Rules, Room TM 9.09, Royal Courts of
Justice, Strand, London WC2A 2LL (DX 44450 Strand);
(b) for
hearings in the PRFD at First Avenue House, at the List Office counter, 3rd
floor, First Avenue House, 42/49 High Holborn, London, WC1V 6NP (DX 396
Chancery Lane); and
(c) for hearings at any other court, at such
place as may be designated by the Designated Family Judge or other judge at
that court and in default of any such designation at the court office of
the court 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.
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