I was the Claimant, representing myself as a Litigant in Person for an Injunction against the represented Defendant. The Solicitor for the Defendant provided the Bundle one day before the Hearing. We had received no orders to provide plaything prior to the ninety minute hearing with a KC. Consequently The Defendant has said that they had no reason to have to provide anything to any deadlines. They referred to the Bundle throughout the Hearing. As they did use a Bundle, even though it was not requested, are they in breach of CPR 39.5 or any other duty to provide the Bundle within no less than 3 days prior to the hearing?
Trial Bundle Deadlines
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CPR 39.5 refers to trial bundles. I do not think that this was the trial of your case.
What is more, can I ask whether the bundle contained any significant document that you had not previously seen?
This leads me to ask whether, notwithstanding the dismissal of your application for an injunction there is an ongoing court claim that you need to resolve. I am concerned that you may be facing large bills for the other party's legal costs.
EDITED TO ADD - PD 25A deals with applications for interim injunctions.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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Originally posted by atticus View PostCPR 39.5 refers to trial bundles. I do not think that this was the trial of your case.
What is more, can I ask whether the bundle contained any significant document that you had not previously seen?
This leads me to ask whether, notwithstanding the dismissal of your application for an injunction there is an ongoing court claim that you need to resolve. I am concerned that you may be facing large bills for the other party's legal costs.
EDITED TO ADD - PD 25A deals with applications for interim injunctions.
Yes it was the hearing of the case, there is nothing else unless I appeal. Tbh it felt like the Judge had already summed it up prior to us attending the hearing. The order was drafted later that day. And costs are being assessed in detail based on the defendants costs. We had no orders as to evidence, or statements, Bundle or Skeleton argument. Which is why I wondered if such deadlines applied anyway. Any prior questions to the Judge were met with, "we'll deal with it on the day". There was no Directions hearing. I did also ask in advance via N244 applications for additional amendments to the application. None of which were dealt with on the day. He did ask about when the costs had been serviced to me by the defendant (24 hours prior).
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Originally posted by atticus View PostCPR 39.5 refers to trial bundles. I do not think that this was the trial of your case.
What is more, can I ask whether the bundle contained any significant document that you had not previously seen?
This leads me to ask whether, notwithstanding the dismissal of your application for an injunction there is an ongoing court claim that you need to resolve. I am concerned that you may be facing large bills for the other party's legal costs.
EDITED TO ADD - PD 25A deals with applications for interim injunctions.
It was sent to me 24 hours before the hearing by a link in an email.
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