Enhancing efficiency and compliance: bundles
By following a number of best practices when preparing bundles, solicitors can ensure counsel has the most efficient tools needed to represent the client effectively
Within the intricate landscape of family law, effective document management is paramount to success. This includes everything from drafting witness statements to preparing bundles for court hearings. Every step requires meticulous attention to detail, and adherence to the procedural guidelines. Whilst law firms have their own best practices for how they think bundles of papers should be prepared when instructing counsel, counsel’s chambers, who receive the bundles in all different formats on behalf of the barristers, have their own suggestions of what should be considered as “best practice”.
Document formatting
Pagination
The preferred format for page numbering throughout the bundle of papers is to include the index as page 1. It is commonly seen that the index is separate to the rest of the bundle, but by commencing the bundle in this way, it provides a sequential flow throughout. Pagination can also be hyperlinked to reach the specified page quickly, as set out below.
Try to limit the bundle to 350 pages
Bundles should not exceed 350 pages unless absolutely necessary. A concise bundle ensures counsel can focus on the most relevant information, reducing time spent sifting through unnecessary materials. However, parties may request permission to include additional documents when necessary for clarity and context. This streamlined process balances thorough preparation, ensuring critical information is prioritised while minimising excessive documentation.
Avoid use of photos within PDFs
It has been found that when photos are placed within documents, it can increase the file size and complexity of the bundle, potentially causing issues with the readability of the document itself. It is advisable to refrain from embedding photos within PDF files.
Avoid nested email chains
Nested emails often contain lengthy histories of correspondence, some of which may be irrelevant or sensitive. Extract and include only the specific emails necessary to the case to ensure clarity and relevance.
Maintain confidentiality
Ensure privileged or sensitive communications (eg “without prejudice” emails) are excluded from the bundle unless they are intentionally and appropriately shared. This avoids accidental disclosure to opposing parties, which could compromise your client’s position. Conduct a thorough review of all communications before including them in the bundle.
Use of hyperlinks
Incorporating hyperlinks within the index and documents facilitates seamless navigation between sections and external resources, enhancing the user experience. This is incredibly helpful to all parties within the proceedings, and can save time and stress during hearings.
Optical character recognition (OCR)
Making documents word searchable or employing OCR technology, ensures text within bundles can be easily located and retrieved, improving efficiency and accessibility.
Reference to specific pages
When referencing specific aspects of the bundle, it is useful to note the specific page in which the reference can be found. This can further assist with navigation of bundles, especially as they can be rather lengthy documents.
Remove irrelevant material
Carefully review the documents for relevance to the matter at hand. Exclude duplicates, outdated drafts, and extraneous correspondence. Only include documents directly relevant to the issues counsel needs to address.
Document sharing
Secure sharing platforms
Documents should be shared via secure platforms such as OneDrive, WeTransfer, or iManage Share to safeguard confidentiality and data integrity.
Avoidance of non-compliant software
It is imperative to refrain from sharing documents via American software such as iCloud, which may not be GDPR compliant, thereby safeguarding sensitive information and ensuring regulatory compliance. One example would be Dropbox, which is not GDPR compliant.
Attachment management in emails
All attachments should be included within emails as separate pages or separate documents to facilitate ease of navigation and retrieval, enhancing user convenience.
Utilisation of bundle software
It may be worth considering utilising software such as BundleDocs for efficient document management, particularly when dealing with complex cases or large volumes of documentation. Using such software will speed up the process and therefore save time and costs on behalf of the client.
Streamlined processes
Efficiency in document management is contingent upon well-defined processes and proactive communication. Outlined below are some key procedural considerations.
Specific briefing
In the run up to a hearing, providing Counsel with detailed and specific briefs ensures clarity of instructions and expectations, minimising the likelihood of errors or misunderstandings. A well-prepared brief to counsel is as important as the bundle of papers itself. Counsel relies on the brief to understand the client’s perspective, the solicitor’s analysis, and the goals for the case. An effective brief should include:
The client’s views
Provide counsel with a clear understanding of the client’s stance, concerns, and priorities. This insight ensures counsel’s strategy aligns with the client’s expectations.
The solicitor’s views
Include a concise legal analysis, identifying the key issues, strengths, and weaknesses of the case. Highlight relevant legal precedents or procedural matters counsel should consider.
Clear objectives
Specify what you want counsel to achieve. Whether it’s drafting pleadings, advising on settlement terms, or preparing for trial, clearly articulate the desired outcomes and key questions you need addressed.
Timely position statement submission
Chambers recommend submission of position statements should be by no later than 11am on the working day prior to the deadline given by the court. This allows adequate time for review and preparation, thereby facilitating effective case management. Please note that courts have been placing earlier dates for position statements to be filed in recent history.
Prompt notification of specific directions
To avoid deadlines or important notes being missed, always flag any specific directions, deadlines or procedural requirements as soon as they are made known, enabling timely compliance and mitigating the risk of oversight. This can either be highlighted in the Brief or set out in an email to the clerks or instructed counsel.
Advance document sharing
Ensure a timely submission of papers to relevant parties, ideally a week in advance of hearings, to facilitate thorough review and preparation, thereby enhancing overall case readiness and efficiency.
Communication to chambers
Always maintain open lines of communication with the clerks at chambers, promptly notifying them of any changes or updates to proceedings, ensuring smooth case management and administrative compliance.
Practice Directions compliance
Adherence to Practice Directions is essential to ensure procedural compliance and upholding the integrity of legal proceedings. Relevant guidelines include:
FPR 2010 PD 27A
Familiarise oneself with the Family Procedure Rules 2010 Practice Direction 27A, which provides guidance on the preparation and presentation of bundles for family court proceedings, ensuring compliance with procedural requirements.
President’s Guidance on E-Bundles
Refer to the President’s guidance on E-bundles issued on 21 December 2021 for best practices in electronic bundle preparation, promoting consistency and efficiency in document management.
General Guidance on Electronic Bundles
Consult the general guidance on electronic bundles issued on 29 November 2021 for additional insights and recommendations on electronic document presentation and management.
Advisory Notes from Financial Remedies Court
Stay informed of advisory notes from the Financial Remedies Court, such as those issued on 19 April 2021, which provide specific guidance and recommendations relevant to financial remedy proceedings, ensuring compliance with procedural requirements and best practices.
Efficient bundle preparation not only enhances compliance but also supports counsel in delivering optimal results. By adhering to best practices such as limiting bundle size, ensuring compliance with regulatory requirements and adhering to document management processes, solicitors can ensure counsel has the tools needed to represent the client effectively. Attention to these details safeguards against errors, promotes efficiency, and underscores the solicitor’s commitment to professionalism and precision. Effective communication, proactive planning and attention to detail are essential pillars of success in navigating the complexities of family law proceedings.
Resolution guidance
Don’t forget that Resolution has a guidance note on bundles available at: https://resolution.org.uk/guidance-note-court-bundles/