Bundles - How to Create an Appeal or Review Bundle






What is an Appeal or Review Bundle?


When an appeal is being heard  in a court or tribunal it will normally be an appeal by way of review rather than a rehearing.

In an appeal by way of rehearing the appeal court or tribunal will conduct a full trial afresh - hearing all the witnesses and considering all the documents. It will not need to consider in detail the decision being appealed against - it simply looks at everything afresh. Where the original decision was made by a government agency, the first appeal to a tribunal would normally be a rehearing because that is the first time that the matter is being considered by an independent body. For an appeal by way of rehearing, the bundle of documents used by the court or tribunal would generally be in the form of a trial bundle even though it might be called an "appeal bundle". See here for how to create a trial bundle.     

In an appeal from a court or tribunal to a higher court or tribunal, the appeal will normally be by way of review. This means that the appeal court/tribunal will not be looking at everything again but will only be looking at certain specific aspects of the decision appealed against - those aspects which the party appealing identifies as grounds of appeal. This article describes how to produce an Appeal Bundle for an appeal which is to be by way of review

Review is also the name of a procedure whereby the court decides whether a decision by an administrative body (such as a planning inspector) is legally valid. This is a slightly different meaning of "review" but the bundle, which the court will refer to, is similarly constructed whether the hearing is a review of an administrative decision or whether it is an appeal by way of review.

The Appeal/Review Bundle is normally produced by the party appealing or applying for the review. In the Bundle every page has a page number and the judge and each party at the hearing have identical copies of the Bundle so that the parties' barristers and the judge can easily and quickly refer to the same page in their copies of the Bundle. 

As well as being paginated - having each page numbered consecutively - the Bundle will have an Index at the front. Despite its name, the Index is not like the index of an ordinary book. An ordinary non-fiction book will have a table of contents at the front listing each section or chapter in the order it appears with the page number, and there will also be an index at the back listing alphabetically people, places, topics etc. with the page number where that person, place, or topic is referred to in the book. The Index of a Bundle is not at all like an alphabetic index that you find at the end of a typical book. It is at the front and is really a table of contents, but is more detailed than the table of contents in the average book because it lists every document in the Bundle with its page number. Why is it called an Index? The word Index is actually an old word for a table of contents, rarely used in this sense now outside the legal context, but this is still its primary meaning when used by lawyers and judges.

The Index at the front will list every document in the Bundle, giving at least a brief description and the page number. The purpose of the Index is, of course, to enable judges and lawyers to quickly find a document they are looking for but it is still important that the documents are arranged in the bundle in logical order so that the index (which, of course, lists them in the the same order) is easy to use - i.e. it should be possible to guess roughly where a document is likely to appear in the index so that, in most instances, it is not necessary to search all the way though the index. 

Often the rules of the particular court/tribunal will state what sections there should be in the Bundle and often indicate in what order. For example there may be the following sections following the index:-

Appeal/Review Documents - this will include documents such as the Notice of Appeal, Respondent's Notice, etc. 

Decisions and Orders of the court/tribunal being appealed from or administrative body subject to review  - this will include documents such as the order under appeal, a copy of the judgment/decision - i.e. the reasons given by the judge below for their decision, and a copy of any order from the judge below granting or refusing permission to appeal (if the order being appealed from was itself an order made on appeal, then there will be a further section for the court below that).      

Other necessary documents - exactly what documents should be included in this section depends very much on the particular case and the grounds of appeal/review. Generally the court/tribunal will not want every document which was before the court or tribunal below to be included but only those documents necessary for this particular appeal/review. It might include statements of case, other orders made in the case, a chronology of relevant events, witness statements and other documents.  

Authorities - e.g. Acts of Parliament and reports of decided court cases which establish a particular legal rule which is relevant to the appeal or review.



Creating an Bundle PDF

The basic method involves starting with the documents to be included in the bundle, in PDF form with appropriate descriptive names (which is suitable for use in an Index) such as:-


Notice of Appeal
Respondent's Notice
Order of court below
Judgment of court below

Contract

The copies of the documents which were before the lower court or tribunal should be taken from the bundle which was used before that court/tribunal, ideally complete with page numbers from that bundle. This is because the judgment of the court/tribunal below may well refer to documents by bundle page number so the original page numbers need to be visible (in addition to the different - and more prominent - page numbers imposed by the process of producing the bundle for the current court/tribunal). 

You then load the PDFs into CaseLines DCS. 


Printing out and assembling the Bundle

1. Click the Download Complete Bundle button as shown below to download the Bundle as a PDF. 



2. If you have a suitable fast colour printer you might choose to print out the bundle PDF on your own printer or, alternatively, you might use a high street print shop to do this for you.  All pages must be printed in colour: this is not only because some pages may contain photographs or colour-coded plans but because the page number on every page is in red and red printed in greyscale can be difficult to see.    

Decide whether you are going to print single-sided or double-sided.

If you are printing single-sided then you can simply print the whole of the bundle PDF in one go. Make sure any A3 pages are printed on the correct size paper.Then print further copies of the Front page if the bundle is more than one volume -  the Front Page is the title page which you should ensure contains the name and number of the case and the title of the bundle (e.g. "Appeal Bundle") in tramlines. It is intended to be on the outside of the front cover of all volumes in the bundle. If there is more than one volume in the bundle, write the volume number in large lettering on each.  

If you are printing double sided then you have to print out sections separately - to ensure that the first page of each section is on a new sheet of paper - like this:  

a.) First of all, print the Front Page. This is the title page which you should ensure contains the name and number of the case and the title of the bundle (e.g. "Appeal Bundle") in tramlines. It is intended to be on the outside of the front cover of the volume. It has to be printed separately, when printing double sided, to ensure that the underside of the printed sheet is blank. If the appeal bundle is more than one volume, print as many copies of the Front Page as there are volumes and write the volume number in large lettering on each. 

b.) Print the Index pages. 

c.) Print every section separately (to ensure that the first page of each section is on a new sheet of paper). If a section contains any A3 pages, print them on the correct size paper single-sided before printing the remaining A4 pages double-sided.

3. When the bundle pages have been printed out, hole punch them and file them in an A4 lever arch file. If a section contains any A3 pages, fold them  

4. Insert cardboard tabs in front of each section and write on the tab the name of the section (you can see the section name in the index).

5. Write the name and number of the case (and the volume number if the bundle consists of more than one volume) on a label affixed to the outside spine 

6. Repeat steps 2 to 5 above to produce several identical copies of the bundle. Unless the court/tribunal rules or specific directions given by the court/tribunal, require more, you generally need one copy for each judge on the panel hearing the appeal/review, one copy for the other side (if the other side need two hard copies - one for them and one for their barrister - they can print the second hard copy from the PDF copy of the bundle which you will also be sending to them) one copy for your barrister, and one copy for you.

Note: Most appeal courts/tribunals expect A4 bundles filed in lever arch files but some have other requirements such as A4 comb bound or A5 ring binders (where each A4 page is reduced in size to A5). 

Sending out the hardcopy bundle copies

1. The court/tribunal rules or orders will specify when copies of the bundle must be delivered to the court/tribunal office and the other parties. 

2. If you can it is better to deliver the bundle to the court/tribunal office rather than use the post (in some courts and tribunals you might have to ring for an appointment to make the delivery - check on the notice of hearing). If you must send copies of the bundle by post, you should enclose a covering letter (saying e.g. "Please find enclosed three copies of the Appeal Bundle...") giving the name and number of the case and the date of the trial. Ensure that the lever arch files/ring binders are well padded so that the metal retaining prongs of the lever arch file, or metal rings of the ring binder, are not bent during handling in the post. Once a retaining prong or ring is bent out of position, it is impossible to bend it back into exactly the right position so that the prongs/rings close tightly together, with the annoying result that every time the judge using the file turns over a page, the page catches on the point where the retaining prongs or rings (almost) join. These might sound like small points but they are not - bear in mind that you want the judges to give their full attention to what may be complex evidence, and detailed arguments put forward on your behalf, so any potential cause of distraction, such as malfunctioning binders, should be avoided. 

Providing PDF copies of the Bundle

You should, as well as providing the Bundle in hardcopy form to the court/tribunal office, also provide the Bundle PDF to the court/tribunal on a USB stick. The USB stick should be a brand new USB stick which has not been used before.  Generally the USB stick should be in a hole-punched pocket (secured in such a way that it cannot fall out accidentally) at the front on the bundle. 

See here for how to provide a copy of the Bundle PDF to the other side.

Inserting new pages/documents into an existing Bundle

Some courts/tribunals require you to deliver the Bundle to the court/tribunal office early on in the process and to add further documents before the appeal hearing. Even in courts/tribunals which do not require the Bundle to be lodged until later on, it is still possible that an additional document might need to be inserted after the Bundle has been delivered. When inserting pages after the Bundle has been sent out, it is essential that steps are taken to insert the additional document(s)/page(s) in the same position in all copies of the Bundle, because the copies of the Bundle used by the judges and by the parties and their barristers must be absolutely identical. It is also essential that the new documents/pages are page-numbered in a way which does not disturb the existing page numbering of the bundle. (This is because each party’s barrister, and possibly also the judges, may already have started to prepare for the hearing, noting down the page numbers of documents. It would cause untold confusion if the page numbers change.)  See here for how to do this using CaseLines DCS subnumbering.

DCS subnumbering can only be set at the document level so if you have a situation where just one or two pages of a document have been missed out (not the whole document) you will first need to remove the document with missing pages, replacing it with a blank as described below, before inserting a copy of the complete document containing all pages.

If a document needs to be removed, how to remove it cleanly, without altering the page numbers of other documents, is explained here.



Disclaimer

This information page is mainly designed to be used by clients of John Antell who have entered into an agreement for the provision of legal services, with the intention that it be used in conjunction with specific advice to the individual client about the individual case. If you are not a client please bear in mind that in order to be reasonably concise I have had to leave some details out - details which are likely to affect what the procedural law would say about your own situation, so please do not rely on the above but contact me for advice.

The information on this page about specific computer techniques is provided for information purposes only. Every reasonable effort has been made to ensure that the information is accurate and up to date at the time it was written but no responsibility for its accuracy, or for any consequences of relying on it, is assumed by me. You should satisfy yourself, before using any of the techniques, software or services described, that the techniques are appropriate for your purposes and that the software or service is reliable.

This page was lasted updated in August 2018. Disclaimer