Money claim - Disclosure/Bundle creation

[NeedLawhelp]

Hi we have a small company, and we have a former contractor who has logged a money claim against us. She is well versed on how the legal system works, whereas we are not, and so far has tried to take advantage of this. So the situation as it stands currently is.

1. She's logged a money claim
2. Disclosure letter has been sent to both parties (but we didn't get our as we were in the process of moving offices).
3. We were given a court date. She has emailed to say she'll create a bundle. We didn't think much of that email, as we thought she'll create her bundle and we'll create ours. Anyway fast forward 3 days before the hearing, she's submitted the bundle informing the court that we didn't submit a signed statement and any supporting evidence.
4. We have submitted to the court our bundle with the signed statement and evidence. It's only after submitting the bundle that we came to realise that there is only one bundle with evidence from both sides.
5. Anyway, the day before the hearing it got postponed and we are waiting for a new date.

So does this mean the option to recreate the bundle has opened? The bundle must contain no more then 50 pages. The bundle that she has created is 50 pages without our statement and evidence. The bundle that we created is 42 pages without her statement and evidence. Can someone give me guidance or point me in the right direction of what I need to do and what needs to happen. The most important part of the bundle for us is our statement and evidence which is 22 pages. I am from the UK

[atticus]

Did you serve your statement and documents on the claimant? The directions order will almost certainly have required you to send them to the other party as well as to the court.

[NeedLawhelp]

Yes I did, but I did it on the same day that she sent the bundle to the court. I've written to the court and said "I wasn't aware it was only one bundle and she gets to create it, as the applicant. Here is my statement and evidence, can you please make sure it gets put in front of the judge."

My question is, now that the hearing date has been postponed, there is time to enter what we've sent to the bundle. Am I in a position to ask her to do that. Or has the window closed irrespective of the fact that that tomorrows hearing has been postponed and we don't yet have a date for the new hearing.

[R0b]

Just to give you some context in case you are unaware, the rules on trial bundles can be found under Practice Direction 32, paragraph 27.1. This sets out how bundles should be prepared. Useful guidance on how to prepare trial bundles can be found on the AdviceNow website and this barristers chambers.

Atticus might know but I don't think there are rules on updating bundles, although if you intend to make amendments to your statements of case which means your defence or witness statement for example, you will need the court's permission to do so and an application costing £255 will be payable.

Other documents like court cases don't require permission however there are a few best practices I would suggest doing:

- Update the bundle yourself and don't rely on the other side or the court to do this on your behalf. 3 copies of the updated bundle are needed, one for you, the other side and the court.

- Any bundle should be agreed with the other side using best efforts. Consider merging both party's bundles into a single bundle for the court to reference rather than two separate sets and the format whether that is a single PDF document or hard copies.

- Preparation of bundles is time consuming and can take a lot out of you. Rather than re-doing the whole bundle, consider whether you can simply "insert" the updated documents instead of re-paginating each document again. Same applies whether it is electronic or paper bundle but for example, if you need to add in a document after Page 6, you may want the new document to be called Page 6.1, 6.2 6.3 etc. and then you simply need to update the Index on the front to reflect that.

When sending the updated bundle, make sure your communications with the court are clear that this is an updated bundle that you wish to place on the court file and should replace the existing court bundle filed by you (or both of you if merging the bundles). If you email the court you should also copy in the other side by email too if you have it.

[NeedLawhelp]

Hi Rob, thanks for this. I have updated the bundle, problem is it's maximum limit is 50 pages, and the claimant has created the bundle with 50 pages. So what are my options now. I've already emailed the court to say can our statement be put to the the judge. Is there more I can do to so that our statements are included, regardless of the fact that she has completed the bundle with 50 pages of her statement and other papers.

[atticus]

A simple solution might be for you to prepare a supplemental bundle of your additional documents and send copies to the court and the other party.

[NeedLawhelp]

Hi so I sent the court a supplemental bundle, along with the claimants original bundle along with the following email

"The addition of the defendant's signed statement and vital documentation mentioned therein does not adversely affect the hearing as no new hearing date has yet been provided. However, rejecting the defendant's application to include its signed statement with the exhibits will be to great detriment to the defendant and a just decision will not be achieved without the same. As the defendant we humbly request the court to permit the defendant to include this supplemental bundle to the court bundle."

and they came back with

Unfortunately, your attached documents cannot be accepted by the Court as they either exceed our limit of 50 pages or cannot be accessed and printed by the Court.

My supplemental bundle is 21 pages. The original bundle submitted by the claimant is 50 pages without our signed statement and exhibits. Is there anything I can do or reply to the court, or is it a case we'll just have to go to court without a signed statement and exhibits and hope for this best ? So horrible if that's the case .