Organising Documents on Caselines for an Appeal or Review

Everything you send or receive during the course of the appeal or review litigation, including both correspondence about the case and formal litigation documents, will be automatically stored in your email system, but you will find that, as litigation proceeds over many months, you will end up with a large number of emails in your email system, so, whenever you receive, or send out, a key formal litigation document, you should store a copy of it in the appropriate location in Caselines, as described below, so that you can easily locate these important documents when needed as the case proceeds, and not have to search for them in your email system.

In addition to what is created by the appeal or review litigation process itself (i.e. formal litigation documents and correspondence about the case), you will have documents from the court/tribunal/administrative body which is being appealed from/reviewed. If you used Caselines before, for the matter now being appealed/reviewed, you will still have those Caselines cases and the documents in them. If you did not use Caselines before then selected documents from the court/tribunal case or administrative decision below would be stored in a Caselines case now. 

A word about terminology. The whole of the litigation is referred to as a "case" and the court/tribunal will allocate a case number. But the Caselines system also uses the word "case" to refer to a collection of documents (from which a bundle can easily be produced). So there will be several Caselines cases for each court/tribunal case.  



Caselines

In the Caselines system, groups of documents are organised into what are called cases and, within each case, documents can be further divided into sections. As shown below, you will initially need to create one Caselines case, and you may need, later on, to create further cases to produce bundles for the final hearing and for any other hearings. First of all you need to register on https://civilcourtdcs.caselines.co.uk and get a password. Then to create a case, click Create New Case, then click Create a blank case. Type in the name of the case – e.g. Smith v Jones – Case Management - Court of Appeal and click Create. Other functions within Caselines, such as creating sections, should be fairly self-explanatory. How to load documents is explained here.

To allow me access to a case, click on People, click Invite New Participant. Type in “John Antell” for Person’s Name and my email address for Person’s Email. Tick Change This Case, tick Invite People, tick Update People’s Access and click Invite. On the next screen, where it says Invitation Sent, click Send Advisory Email

The documents to be stored in the Caselines Case Management case are shown in the table below. As well as making sure you do store the key formal litigation documents in the correct sections in the Case Management case as soon as you send or receive them, it is equally important that you do not store, in a Caselines section, a document which does not belong there. If, for example, you were to store every piece of correspondence sent or received, into the sections of the Case Management intended for formal litigation documents, “just in case”, that would defeat the object because the important documents would be lost among the mass of more routine correspondence.


Smith v Jones - Case Management case

Name of Section  Order by What documents should be stored in it

Claim or Appeal Documents  
Date

 These are the documents, drafted by each side's barrister, which set out what each party contends for. They may be named, Notice of Appeal, Appellant's Notice, Response, Claim Form, etc.

Claim Form                                                                 30 Jan 16 

Questionnaires  
Date

 Questionnaires and any documents filed with them such as case summaries. 

Questionnaire – Claimant                                            25 Feb 16

Questionnaire – Defendant                                           26 Feb 16

Orders  
Date

 Orders made by the court/tribunal (e.g. about how the parties are to prepare for the final hearing) and notices issued by the court or tribunal such as a Notice of Hearing - e.g.

Order                                                                            27 Feb 16

 Orders below




   If this is an appeal from a judgment at the end of a trial then the judgment/reasons for decision and the order made below are stored here. If this is an appeal from, or review of, the decision of an administrative body then the decision of the administrative body is stored here.

 If there have been several levels of decision, for example if the current case is an appeal from the decision of a planning inspector made on appeal from a local authority, or an appeal from the decision of a court or tribunal which was itself made on appeal from a court/tribunal below it, then there would be separate sections for each level.
      
 Other Relevant Documents    Documents relevant to the grounds of appeal/ grounds for review such as documents or reports considered by the court/tribunal/administrative body below. 
 Offers  
Date
 
All offers from one party to the other (whether open offers, Part 36 offers, without prejudice except as to costs offers, or Calderbank offers) and any responses (e.g. explaining why an offer is not accepted, requesting further information, etc). If one party proposes mediation but mediation does not take place then the letter proposing mediation and any reply declining mediation.

Letter Defendant to Claimant                                        28 Feb 15

NB Offers and responses which are unqualifiedly without prejudice (i.e. without prejudice rather than without prejudice except as to costs) are not stored here.

Initial letters proposing/or refusing mediation are normally without prejudice except as to costs and so would be stored here, but any documents produced during, or in preparation for, mediation itself will be unqualifiedly without prejudice (even if they do not explicitly say so) and are not stored here.  


Important Note It is important that you do not store, in the Caselines sections shown above, documents which do not belong there. If, for example, you were to store every piece of correspondence sent or received, into the sections of the Case Management case intended for formal litigation documents, “just in case”, that would defeat the object because the important documents would be lost among the mass of more routine correspondence. You may need, when the times comes, to create a bundle containing documents directly relating to a particular forthcoming hearing but this should be done by creating a new and separate Caselines case, to contain the documents required for that hearing (some of which may be copied from the above sections), not by adding documents to the above sections which do not belong there.


Cases for Hearings

As well as the Caselines case shown above – which is for general reference throughout the case - you may need, when the times comes, to create a Caseline case specifically to produce a bundle for the final hearing or for one or more shorter hearings before the final hearing.


Audio and Video Files

As well as PDFs, you can also store audio and video files (e.g. mp3 and mp4 files) in Caselines, but Caselines charge for audio/video files by the MB so, in order to avoid the extra charge, most people store their own audio and video files, and any audio/video files from the other side, on a folder in cloud storage (named e.g. Smith v Jones - av files) outside of Caselines, and just load a small placeholder text file into Caselines containing the words e.g. “Placeholder for video dated 22/5/2016”. You should grant me read access to the folder on cloud storage where you store video and audio files. Keep the folder containing video and audio files separate from any other folders you may have for the case on cloud storage. Google Drive is a very convenient (and free) cloud storage system though you should note that it, like all Google systems (including Gmail), it is hosted outside the United Kingdom and so may not be subject to the same data protection standards as apply in the United Kingdom. 


Your Email System and other storage

Virtually all correspondence you send or receive will be automatically stored in your email system. This even includes much correspondence received by post because (depending what it is) you will be scanning it in and emailing it to me to ask me to advise. Likewise you will be emailing to me PDF copies of any signed letters you send out by post which you have asked me to draft.

Occasionally, if there is a query, you may need to search for past email correspondence about the litigation. It is best to use an email system - such as Gmail - which you will have access to at any time wherever you are because although many steps in litigation occur at predictable times there is always the possibility of something arising unexpectedly which may mean that you need to find old emails quickly. You can locate emails in your email system by date but it is also useful to group correspondence according to what it is about to make it easier to find. Most email systems allow you to create folders but Gmail has the advantage that instead of folders it uses "labels" and an email can be assigned to more than one Gmail label. So you can have one Gmail label for all litigation emails and further labels for particular subjects such as settlement.To distinguish emails for the current case before the current court/tribunal from emails for proceedings below, use a prefix for each label. For example if the current court is the Court of Appeal, you could use a prefix of CA. Here are some suggested labels to use:

Gmail labels   

 Advices  Opinions and Advices from your barrister.

 CALitCorr  All litigation emails (for current case)
 CAService  Any emails from me regarding how to validly file and serve formal documents. Also any correspondence sent by you or received by you which notifies an address for service or a change of address for service of formal documents (including any correspondence notifying a change of solicitor representing the other party). Any notification by the court/tribunal of a change of address of the court/tribunal centre dealing with the case.

 CASettlement  Correspondence between parties which aims to achieve a settlement. 
 
 CAApp

  You can create separate labels for each application - e.g. CAAppInjunction, CAAppSetAside etc.

 CACostsSchedules   Costs budgets, estimates of costs, and statements of costs filed by either party as the case proceeds. 

 CACostsEvidence  Supporting evidence of the individual items of expenditure you have incurred in the case. 

This may include invoices from barristers and from any commercial document scanning or printing service you use. 

Note: any costs information not in, or attached to, an email - such as a spreadsheet of court fees paid - can be stored in a further cloud storage folder - see Cloud Storage below.

You can collect details of other, smaller, items if you wish which might be able to be claimed, particularly if the court/tribunal orders detailed assessment, but often the law of diminishing marginal returns applies – i.e. recording lots of small items takes time, and diverts from thinking about more important matters. Also most people want, if they can, to avoid the court/tribunal ordering a long and costly process for assessing costs (detailed assessment) by making their costs claim simple (leaving off the small items) and asking the court/tribunal for the faster and cheaper process of summary assessment.  

 CACostsBehaviour  Any correspondence in which one party accuses the other of unreasonable litigation behaviour.


Cloud Storage

You do not need to routinely provide me with access to all past litigation correspondence but, if a matter arises which you ask my advice on, I may ask you to quickly provide me with PDF copies of the relevant emails, particularly if an application is to be made for an interim order. To enable you to provide PDF copies of emails quickly it is a good idea to set up in advance a folder in cloud storage and use Cloud HQ to ensure that whenever an email is sent or received a PDF copy is automatically created.Note that using CloudHQ will result in your data being processed outside the United Kingdom. If you are concerned about this there is an alternative method of creating PDF copies of emails though it is more laborious. 

A second folder should be set up in cloud storage to contain PDFs of full bundles of documents produced by Caselines - e.g. when a bundle is produced for a hearing or when seeking an Opinion from a barrister.


Cloud Storage folders

 Smith v Jones - Court of Appeal - PDFcopies of emails  PDF copies of all litigation emails and email attachments.
 Smith v Jones - Court of Appeal - PDFcopies of bundles  PDF copies of bundles from the Caselines system so that you have an exact copy of what the bundle contained when it was printed out and used at a hearing (or provided to a barrister for an Opinion).
 

Original signed court/tribunal documents

The original signed copies of court/tribunal documents which have been filed/served (e.g. Claim Form or Appellant's Notice) should be kept in a paper file in case the court/tribunal should require them to be produced.



Disclaimer

This information page is designed to be used only by clients of John Antell who have entered into an agreement for the provision of legal services. The information in it is necessarily of a general nature and is intended to be used only in conjunction with specific advice to the individual client about the individual case. This information page should not be used by, or relied on, by anyone else.

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 February 2017 Disclaimer