Bundles - How to Create an Application Bundle

What is an Application Bundle?

An application is a request for a procedural order (e.g. for permission to use an expert witness) or for temporary relief (e.g. an injunction preserving the status quo on the ground until trial). The person applying for an injunction lodges with the court office an Application Notice, a draft order - setting out what order they would like the court to make - and a witness statement(s) which will refer to several documents (or small groups of related documents) identified as exhibits (with each exhibit having a front sheet before the document identifying which exhibit number it is). The party responding to the application may or may not file/serve witness statement(s) and exhibits in response, and the party applying will sometimes file/serve a further witness statement (and possibility further exhibits) in response to that. Unlike a trial, which will typically take a number of days and which is the culmination of the whole litigation process taking many months in total, an application hearing normally last no more than 2 hours and it is often only a week between the applicant issuing an Application Notice, with draft order, witness statement and exhibits, and the hearing taking place, with the other party's (Respondent's) witness statement (and any exhibits) being lodged perhaps only one-and-a-half days before the hearing of the application.

In all but the most urgent applications there will be a few days (usually 3 clear business days) from when the Application Notice is filed and served to the application hearing itself, giving time to create a "bundle" of documents and the court will invariably require an Application Bundle to be produced by one of the parties. In an Application Bundle every page has a page number and the judge and each party at the hearing have identical copies of the Application Bundle.  

The numbers on the pages in an application bundle normally restart within each lettered section - i.e. the pages in the first section are numbered A1, A2, A3, etc, and the pages in the second section are numbered B1, B2, B3, etc. This means that if documents need to be inserted late into the Respondent's witness statement and exhibits section the page numbering of existing pages will not be affected. This is important because it allows late arriving documents to be printed and included without having to reprint anything already printed (except the index at the front which should, ideally, be updated and reprinted so that it mentions the late arriving documents).  

The Application 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 Application 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 much more detailed than the average table of contents in a book because it generally lists every document and not merely sections or groups of documents. 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.

An Application Bundle will typically be arranged with the sections in the following order:

Index. This will list, with page numbers, each document in the bundle. 

A - Application Notice & Draft Order 

Sometimes it can be helpful to also include a Chronology document in this section. A Chronology is not a huge blow-by-blow account of all events but a list, with dates, of the key events to put the Application in context. A Chronology is not always needed but, depending on the nature of the Application and when it is made, it may assist the judge if there is a Chronology listing key procedural events (when the litigation was started, when various orders were made by the court, when the Application Notice was issued, etc.) or it might be a list of key (preferably undisputed) central facts on the ground such as when actions such as encroachment on land, starting building work, start of a rival business by former employees against which an injunction is sought, took place. Or sometimes a Chronology may be a combination of both procedural events and facts on the ground.      

B - Applicant's witness statement and exhibits

C - Respondent's witness statement and exhibits

D - Costs Statements

Generally the Respondent's witness statement and exhibits section will always be included even if, at the time the application bundle is produced, there is nothing to go in this section. This is because applications are often urgent, with the Respondent only being given short notice (e.g. 3 days) of the hearing and the Respondent may file and serve a witness statement relatively late. If the section Respondent's witness statement and exhibits is included from the outset as an empty section, late documents can, if appropriate, be inserted into it without changing the sections letters (and page numbers) of subsequent sections, and at least the Respondent's witness statement and exhibits section will be mentioned in the Index (usually, in these circumstances, the section is mentioned in the Index initially as  Respondent's witness statement and exhibits - none received and the words none received can be crossed out later if any Respondent's witness statements are received and inserted)

Creating the Application Bundle PDF

The basic method is that you make a PDF copy, with an appropriate descriptive name (suitable for use in an Index), of each document to be included in the bundle - e.g.:

Application Notice
Draft Order
Witness Statement of John Smith
Exhibit JKS1 - Photographs
Exhibit JKS2 - Correspondence
Exhibit JKS3 - Accounts

and then load the PDFs into DCS. Click the Download Complete Bundle button as shown below to download the Bundle as a PDF. Check that all pages (except the initial Front Page and Index) have red page numbers at the bottom right.

You will be printing one section at a time (when printing double-sided you need to print one section at a time in order to ensure that the first page of each section is printed recto). You can do this by printing ranges of pages from the Complete Bundle PDF which you have downloaded but most people find it easier to download the Index and individual section PDFs so that they can print those in sequence.

Printing out and assembling the Bundle



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.

There is some variation between the procedural requirements of different tribunals and courts for different types of case. The above explanation of procedural rules relating to application bundles is only an overview and 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.

This page was lasted updated in October 2018. Disclaimer