How to Create a Final Hearing Bundle - sending out the completed bundle
How to Create a Final Hearing Bundle - sending out the completed bundle
When the eBundle is complete you then need to provide copies of the eBundle to your barrister, and to the other side (together with any other bundles which are to be provided at the same time such as perhaps a Core Bundle) using the agreed file transfer system. You may need to provide hardcopies.
Most tribunals have a document uploading facility which can be accessed on the web. Depending on the tribunal, use of its document upload system may be compulsory or it may simply be an option available to be used for eBundles which are too large to send as email attachments.
If the eBundle contains placeholders for any video or audio files, the video/audio files themselves (e.g. the mp3 or mp4 files) should be provided to the tribunal at the same time as the eBundle PDF. Some tribunals require video and audio files to be uploaded to the tribunal's website while others may ask for them to be sent by post on a memory stick. Or you may be allowed to email your own download link to the tribunal. To download any video/audio file (so that you can upload it to the tribunal website or include it on a memory stick) or to forward it to the tribunal by download link, tap the Preview Document button and in the Preview panel tap Download and Distribute and then Download Original or Forward Original.
The tribunal may have directed you to provide agreed summary documents, and possibly hardcopies of the eBundle, at the same time.
It is important to make sure, so far as you are able, that the eBundle is complete before you send it out so that this situation does not arise. But if, after the eBundle has been sent out, it were to become apparent that an important document or documents had been missed out, you would need to create a supplementary eBundle, containing just the extra documents, to be used alongside the original eBundle. Having a main eBundle containing most documents and some further documents in a supplementary eBundle is not ideal. If all documents are in the main eBundle then they can be arranged in the best logical (e.g. usually chronological) sequence whereas if some documents are in a supplementary eBundle those documents are being provided outside the most useful sequence. So you should make sure, as far as you can, that the eBundle is complete before you send it out.
If you do end up needing to provide further documents you cannot just create a replacement eBundle containing the extra documents inserted in the appropriate chronological positions within the eBundle. This is because you do not know to what extent each recipient of the original eBundle may have already started to use it by, for example, adding their own extra bookmarks and comments to their copy of the eBundle. Even if they have not actually added bookmarks or comments they may have made external notes which refer to page numbers so that a replacement eBundle with documents having different page numbers (because new documents have been inserted part way through) would cause confusion and/or extra work. Also each party's barrister may have produced a skeleton argument or other similar documents referencing eBundle page numbers.
So you should create a supplementary eBundle and not attempt to create a replacement eBundle. Permission from the tribunal may be required for the supplementary eBundle to be admitted as evidence.
Smith - Applicant's Supplementary eBundle - Smith v Jones REF-2023-1234 hearing 11 Oct 2023.pdf
If the other side realise that they have mistakenly not asked for some documents which they regard as important to be included they might create a supplementary eBundle ("Respondent's Supplementary eBundle" if they are the Respondent). Because of the requirement for permission (and the possibility of the other side objecting) generally it is the party which wishes extra documents to be admitted which produces a Supplementary eBundle and then seeks permission.
Jones - Respondent's Supplementary eBundle - Smith v Jones REF-2023-1234 hearing 11 Oct 2023.pdf
If permission is given for the use of a supplementary eBundle a hardcopy will, of course, be required, at least for the use of witnesses.
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Any explanation about naming conventions or other matters in the context of legal procedure 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. Also, even as an overview, the information will not be applicable to every case as procedures vary between different courts and other tribunals and any tribunal may give alternative procedural directions in an individual case. So please do not rely on the above but contact me for advice.
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