DR WS 12
Trial and Post-Trial Issues
Trial
Trial Bundles
Contents: PD32 Para 27.5: Unless the court orders otherwise, the trial bundle should include a copy of:
(a) The claim form and all statements of case
(b) A case summary and/or chronology where appropriate.
Case summary
Each party must prepare a case summary - often called a skeleton argument.
Aim is to assist the court and the parties by indication of what points are or are not in issue and
the nature of the argument about the disputed matters.
This should:
o Concisely review the party’s submissions of fact in relation to each of the issues with
reference to evidence
o Concisely set out the propositions of law advanced
o Refer to the main authorities
o Be divided into numbered paragraphs
o Identify key documents which the trial judge should, if possible, read before trial
Khader v Aziz: “Good skeleton arguments are tools with practical uses: an agenda for the
hearing, a summary of the main points, propositions and arguments to be developed orally, a
useful way of noting citations and references, a convenient place for making cross references, a
time-saving means of avoiding unnecessary dictation to the court and laborious and pointless
note-taking by the court”.
(c) Requests for further information and responses to the requests.
(d) All witness statements to be relied on as evidence (only ones got permission for)
(e) Any witness summaries.
(f) Any notices of intention to rely on hearsay evidence under rule 32.2.
(g) Any notices of intention to rely on evidence (such as a plan, photograph etc) under
CPR 33.6 which is not—
(i) contained in a witness statement, affidavit or expert’s report,
(ii) being given orally at trial,
(iii) hearsay evidence under CPR 33.2,
(h) Any medical reports and responses to them.
(i) Any expert’s reports and responses to them.
(j) Any order giving directions as to the conduct of the trial, and
(k) Any other necessary documents.
You do not have to include:
The parties’ disclosure lists.
Original documents PD32, Para 27.6
Originals of the documents contained in the trial bundle, together with copies of any other
court orders should be available at the trial/
Responsibility for PD32, Para 27.7
preparation The legal representative who has conduct of the claim on behalf of the claimant
Illegible documents PD32, Para 27.11
If a document to be included in the trial bundle is illegible, a typed copy should be included
in the bundle next to it, suitably cross-referenced
Agreed contents PD32, Para 27.12
The contents of the trial bundle should be agreed where possible, and that the documents
contained in the bundle are authentic.
Where agreement is not possible, a summary of the points on which the parties are unable
to agree should be included
Identical bundles PD32, Para 27.13
The party filing the trial bundle should supply identical bundles to all the parties to the
proceedings and for the use of the witnesses.
When filed? Unless the court orders otherwise, the trial bundle must be filed not more than seven days and
not less than three days before the start of trial.
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