Organising Documents on Caselines DCS for Lands Chamber s.84 Applications

Everything you send or receive during the course of the 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 Digital Case System (DCS), 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 litigation process itself (i.e. formal litigation documents and correspondence about the case), you will be sent by the other party, at the Disclosure of Documents stage, copies of their documentary evidence – e.g. photographs or documents which came into existence in the ordinary course of events in the past such as letters, invoices, written agreements, emails, diaries, logs etc. which are probative of issues in dispute in the litigation. These items of documentary evidence should be stored in as separate DCS “case” as should your own documentary evidence.

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

Storing the above documents in DCS in the way described not only allows you to find key important documents quickly but also  means that you can use the DCS system to generate a Disclosure list (at the Disclosure of Documents stage) automatically and, most importantly, will allow you to deal with the process of the production of a Trial Bundle. Because the process of production of the Trial Bundle is a collaborative task between the parties, and the other party might be inefficient, it is essential to have all documents which might need to be included in the Trial Bundle ready in Caselines so that, if necessary, the Trial Bundle (or a Supplementary Trial Bundle if the other side is producing the Trial Bundle and refuses to include documents you require) can be produced quickly in time to meet the deadline for delivery just before the trial.

Also the DCS system is where I will look, from now on once you have set it up, for certain key documents as the litigation proceeds and you ask me to carry out work at each stage. It would not be cost-effective for me to search through your cloud storage, so don't give me access to your cloud storage, but instead you should put copies of the key documents and relevant documentary evidence, in DCS as explained below.             



Organising documents in Caselines DCS

In the Caselines Digital Case System (DCS) 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 two or three DCS cases for your case, and you may need, later on, to create further cases to produce bundles for the trial. How to load documents is explained here.

The documents to be stored in each DCS case are shown in the tables 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 DCS 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

 Statements of Case 
Date
 
Documents drafted by each side which seek to define, at a summary level, the assertions of each party and to what extent they are disputed by the other party. Also the Application Form and Notice of Objection are stored here – e.g.

Application                                                                                        20 Apr 15

Applicant’s Statement of Case                                                            20 Apr 15

Notice of Objection                                                                              15 May 15


Tribunal Orders  
Date

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

Order                                                                                                    27 Feb 15

 Applicant’s Expert Report





There should be a separate section for each expert so if the Applicant has two experts and there are two Objectors with one expert each, there will be four sections.
 
Date
 
An Expert’s report and the replies the expert gives to subsequent questions sent by either party are stored here – e.g.

Expert Report Mr Jenkins                                                                   14 Sep 15

Supplementary Expert Report Mr Jenkins                                           30 Oct 15

Expert’s Replies to Questions                                                           14 Nov 15

Applicant’s Witness Statements  
Date

 Signed witness statements of the Applicant and each of the Applicant’s witnesses (and any exhibits referred to in them) – e.g.


1st Witness Statement of John Smith                                                    02 May 15

Exhibit JJS1                                                                                          02 May 16

Exhibit JJS2                                                                                          02 May 16


1st Witness Statement of Peter West                                                      14 May 15

Objector’s Witness Statements










If there is more than one Objector there should be a separate section for each Objector.
 
Date

 Signed witness statements of the Objector and each of the Objector’s witnesses (and any exhibits referred to in them) – e.g.

1st Witness Statement of Jeremy Jones                                                03 May 15

Exhibit JRJ1                                                                                        03 May 16

Exhibit JRJ2                                                                                        03 May 16


1st Witness Statement of Pamela Jenkins                                           10 May 15

Exhibit PRD1                                                                                       14 May 16 



Smith v Jones - Proofs of Evidence and Offers case

Name of Section Order byWhat documents should be stored in it

 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 Applicant to Objector                                                        28 Feb 14

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.  

 Proofs of Evidence 
Title
 
 You and/or people you have contacted who are also witnesses to relevant events may have recently written down what they remember at your request, either a full account in a Proof of Evidence and/or perhaps a summary in a letter or email. If you decide to use a witness at trial then information from their Proof of Evidence/letter/email etc. will eventually be included in a witness statement which you will exchange with the other side but, until then (and even after then if some issue arises which it was previously thought was not in dispute and so was not covered in detail in the witness statement) it is useful to have the Proofs of Evidence/letter/email etc. readily available so they should be stored here. 

After witness statements have been exchanged you and/or your witnesses may have paragraph-by-paragraph comments on what the other side's witnesses say in their witness statements. These are also stored here.

John Smith - Letter                                                                       05 Mar 16
 
John Smith - Proof of Evidence                                                    12 Mar 16

John Smith - comments on witness statement of Jeremy Jones 
  15 Jun 16





In addition to the two “cases” described above, there should be a separate Caselines “case” or “cases” for documentary evidence.

If you have been using Caselines right from the start of litigation, it is convenient to create one “case” for your documents and a further case for documents produced by the other side. So one case would be named e.g. Smith v Jones – Applicant’s Documentary Evidence and one would be named Smith v Jones – Respondent’s Documentary Evidence. If, however, you only start to use Caselines later on in the process it may be convenient to just have a single case named e.g. Smith v Jones – Documentary Evidence containing both your documents and any documents produced by the other side. Of course where a document produced by the other side is identical to one you already have, you only need to load one copy. 

Smith v Jones - Documentary Evidence case


 Name of Section Section number Order byExamples of documents which might be stored in section
 Photographs A 
Date

Photo of Orchard                                            17 Jun 1999

Photo of Orchard                                            23 May 2014

Video of Orchard 01                                            22 Nov 14
 AB123456 Title Deeds B 
Date

Conveyance                                                      10 Apr 1999

Register of Title  AB123456                                31 Oct 2016

Title Plan  AB123456                                          31 Oct 2016


 CD654321 Title Deeds C 
Date

Conveyance                                                      15 Mar 1998

Register of Title  CD654321                                31 Oct 2016

Title Plan  CD654321                                          31 Oct 2016


 Other Documents D 
Date

Letter John Smith to Lucy Jones                          15 Aug 12

Agreement John Smith and Lucy Jones                20 Sep 12

Email at 10.20 John Smith to Peter Jones            15 Aug 13



Usually the main run of documents are best arranged chronologically regardless of the document type, whether contract, purchase order, invoice, letter, email etc. in the Other Documents section, so that the sequence of events can be seen. However sometimes certain limited groups of documents (such as title deeds for different properties as shown in the example above) are best organised separately from the main run of documents – still organised chronologically but separately.

Important Note It is important that you do not store, in the Caselines cases and 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 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 reference cases), not by adding documents to the above cases and sections which do not belong there.

Audio and Video files. Documentary evidence includes not only written documents but also any relevant audio or video files (e.g. mp3 and mp4 files). You should store these 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), is hosted outside the United Kingdom and so may not be subject to the same data protection standards as apply in the United Kingdom. For each video or audio file create a one page placeholder, select Get Shareable Link, and paste the link into the placeholder page so that the placeholder page looks something like this:


Store the placeholder file in the Smith v Jones Documentary Evidence case.

Cases for Hearings

As well as the two or three DCS cases shown above – which are for general reference throughout the case - you may need, when the times comes, to create a DCS case specifically to produce a bundle for a particular tribunal hearing. All bundle DCS cases should have the word Bundle and and the month and year in yyyy-mm format immediately following the the name of the proceedings (e.g. Smith v Jones). This will ensure that they are listed chronologically in the DCS system.

The main hearing, or "trial", occurs at the end of the litigation process but there may be short hearings on the way  before the trial and, if so, a short hearing bundle will be required. The DCS cases for short hearings should be kept intact after the hearings they were produced for because although they may result in a tribunal order, and it is normally only the order which needs subsequently to be referred to, occasionally it happens that some occurrence in the future means that some document used in the earlier short hearing, which is not contained in the other DCS cases, needs to be consulted. 

A trial bundle case would be named e.g. Smith v Jones - Bundle 2017-07 - Trial   and, after you have created the basic Trial Bundle case in DCS you would normally ask me to populate it with the documents which will be required (by copying selected documents from the two or three general reference cases shown above). Even if it is the other side, rather than you, which has been directed to assemble a trial bundle, you will need to tell the other side what documents you require to be included in it and in practice this is best done by creating a Smith v Jones – Documents to be Included in Trial Bundle case in Caselines. 

Once the trial has ended and the judge has pronounced judgment, that it normally the end of the litigation (barring any registration of the tribunal's order at the Land Registry which may be necessary, and any assessment of costs if that was not carried out at the end of the trial) but occasionally one side or the other may appeal to a higher court and, in that case, an appeal bundle case will be necessary.

At any stage of the litigation a party can make an offer to settle. Sometimes it is agreed that there will be a formal mediation, conducted by a professional mediator, and if there is a mediation usually a mediation bundle is produced to be used by the parties and the mediator.     


Organising your own cloud storage (including email)

You will be granting me access to the DCS Case Management and Proofs of Evidence and Offers cases and documentary evidence cases so that I can use them for reference each time you ask me to do the next piece of work as the litigation proceeds. I do not need access to your own cloud storage such as Google Drive - indeed it it best if you do not grant me access to your own cloud storage as, because of the way the human mind works, if I have access to your cloud storage you may start to think - perhaps subconsciously - that when doing each piece of work you ask me to do, I will be considering everything contained in your cloud storage when, in fact, it is only the documents in the DCS Case Management and Proofs of Evidence and Offers cases and documentary evidence cases which I will be considering (together with any email message and attachments you provide to me at the point where you ask me to carry out the next piece of work in your case). Ensuring that I do not have access to your cloud storage will remind you that it is your responsibility to ensure that the DCS Case Management and Proofs of Evidence and Offers cases are up to date with the key documents they are designed to hold (but no other documents) and that all relevant disclosed documents (but only relevant documents) are in the DCS documentary evidence cases.

Your cloud storage - and I include your email system under the general heading of your cloud storage - will contain a lot more documents than are contained in DCS. For example, if your case is about a piece of land and how it was used in the past you might, even if your cases is a private dispute about rights of way, for example, and not a dispute with the council about planning, obtain from your local council copies of past planning permission applications hoping that they might contain drawings which shed light on particular features of the land in the past. There might be 50 documents from one planning permission application which you obtain and store in your cloud storage but it may be that the only relevant documents are two drawings so that you only need to load those two drawings to your DCS documentary evidence case (together with, say, the signed application for planning permission, or formal grant of planning permission, which refers to the drawing number to show where the drawings have "come from"). 

Your cloud storage will also include documents generated by the litigation process itself but only a subset of these - key documents which have lasting significance for the duration of the case - will be in the DCS Case Management case.

Because your cloud storage (unlike DCS) is not something you provide me with access to, it is entirely up to you how you organise it (as long as when, exceptionally, specific documents are needed from it you can quickly find them and provide them to me) and the following suggestions about how you organise your cloud storage - including your email system - are only suggestions.

Your Email System

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 a cloud 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 when you are away from base. 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 (by contrast, using the traditional folder system the only way to have an email in two folders at once is to make a copy of it). So you can have one Gmail label for all litigation emails and further labels for particular subjects such as Service Addresses. I would suggest that you have a high-level label naming the cases - e.g. Smith v Jones - and then, below that, you could have the following sub-labels.


Gmail labels (email folders)

 Sub-label 
 LitCorr All litigation emails

 Service Addresses Any emails from me regarding advising 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).
 Advices Opinions and Advices written by me.

 Settlement Correspondence between parties which aims to achieve a settlement.

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

This may include invoices from barristersexpert witnesses, mediators and from any commercial document scanning or printing service you use. Also any invoices associated with obtaining evidence – e.g. charges for copies of historical aerial photographs. 

You can collect details of other, smaller, items if you wish which might be able to be claimed, particularly if the judge 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 judge 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 judge for the faster and cheaper process of summary assessment.

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



PDF copies of Emails

If a matter arises in the litigation which you ask my advice on, I might ask you to quickly provide me with PDF copies of the relevant emails which you have sent or received, particularly if an application is to be made for an interim order. You could create PDF copies of emails when I request them but, in case we are short of time then, it is better to plan ahead and set up Cloud HQ to ensure that whenever you send or receive an email a PDF copy is automatically created in your cloud storage (e.g. in Google Drive). Note that using CloudHQ will result in your data being processed outside the United Kingdom.

PDF copies of Bundles

As explained above, whenever there is a court hearing a hearing bundle will need to be produced, either by you or by the other side. If the hearing bundle is produced by you using Caselines DCS it will be produced in PDF form before it is printed and you should save the bundle PDF in your cloud storage (e.g. in Google Drive). Although, once used for a hearing, a DCS case bundle should be kept intact and unchanged, there is always the possibility of it being changed by mistake (you might amend it by mistake when you intended to update one of the general reference cases for example), so you should retain the bundle PDF as it was when you printed it out and created the hardcopy bundle, so that you have an exact copy of what the hardcopy bundle contained for each hearing.


Paper files you should keep

The original signed copies of formal litigation documents which have been filed/served (e.g. pleadings and witness statements) should be kept in a paper file in case the 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 June 2017   Disclaimer