A court bundle is either a printed or digital collection of all pertinent documents in a family law matter.
These documents are organised according to a specific format mandated by the court. Before each family court hearing, copies of the court bundle must be sent to all involved parties, their solicitors and barristers, and the presiding judge or magistrates/legal advisor.
Court bundles are utilised in proceedings related to children and financial settlements during a divorce or the dissolution of a civil partnership.
The goal of a court bundle is to ensure that all parties, the court, and any witnesses have the same documents, which facilitates reference during hearings, particularly when evidence is presented.
Practice Direction 27A of the Family Procedure Rules 2010 dictates the creation and distribution of court bundles in Family Court and the Family Division of the High Court.
Preparation and Responsibility:
A court bundle should be prepared for every family court hearing, typically by the applicant’s lawyer. If the applicant has no representation, the respondent's lawyer will prepare the bundle. If neither party has legal representation, a bundle is required only if the court has explicitly ordered one, which can be verified through the latest court order.
If both parties have filed applications, the lawyer of the party who filed first is responsible for preparing the bundle.
Contents of the Bundle:
The contents depend on the type of hearing and the court's specific document requests. It should include relevant documents from all parties and any additional documents, like those from CAFCASS in Children Act Proceedings. Documents not filed and served should be excluded.
The bundle should contain only documents pertinent to the upcoming hearing and be no longer than 350 pages unless court permission is obtained for a larger bundle. It should be divided into sections labelled from A to E, each containing documents in chronological order.
Preliminary Documents:
Preliminary documents provide a case summary, list of issues, position statements, and a chronology of key dates, helping the judge understand the case background and the hearing's focus.
Finalising and Sending the Bundle:
The bundle, including a draft index agreed upon by both parties, must be sent to the other party and the Court—typically two days before the hearing.
Urgent Hearings:
For urgent hearings, the bundle may be prepared on short notice, with the applicant’s lawyer ensuring all necessary documents are available.
When the Other Party Prepares the Bundle:
If there are issues with the bundle prepared by the other party—such as missing documents or inclusion of undisclosed documents—these should be addressed by suggesting amendments or submitting a supplemental bundle to the court.
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