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Electronic bundles in civil proceedings

Electronic bundles in civil proceedings Effective preparation of bundles is an essential element of a smooth, orderly hearing and something which practitioners should keep in clear focus as part of their overall preparations for any hearing. This Practice Note is a guide to the preparation and use of electronic bundles (or e-bundles) in civil proceedings in England and Wales. It provides practical guidance on the interaction between digital case management and electronic bundles, the types of electronic bundle, electronic bundles and the CPR, effective preparation and use of electronic bundles and the advantages and disadvantages in using electronic bundles. It also looks at widely applicable tools to consider when compiling evidence and other documentation electronically. For general guidance on preparing a bundle for: • trial—see Practice Note: Preparing trial bundles • an interim application—see Practice Note: Preparing for an application hearing—Application bundles • an appeal—see Practice Notes: Appeals to the County Court or the High Court—the appeal bundle, Appeals to the Court of Appeal—bundles and Supreme Court—documents for...

The appointment of a provisional liquidator

The appointment of a provisional liquidator This Practice Note gives guidance as to when and how to apply for the appointment of a provisional liquidator after the presentation of a petition but before the making of the winding-up order. Applying for the appointment of a provisional liquidator The appointment of a provisional liquidator under section 135 of the Insolvency Act 1986 (IA 1986) is very much an application of last resort and one that should only be made after careful consideration of all the relevant evidence and the possible cost consequences to the applicant: • the appointment of a provisional liquidator to a trading company is one of the most serious steps a court can take, since it is likely in many cases to have a terminal effect on the company’s trading life. See Revenue & Customs Commissioners v Rochdale Drinks Distributors • given the potential seriousness of the appointment of a provisional liquidator, in the case of a creditor’s petition, the petitioner must show...

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Document preservation notice under Business and Property Courts Disclosure Scheme

Document preservation notice under Business and Property Courts Disclosure Scheme [Insert name and address of recipient] [Insert date] PRIVATE, CONFIDENTIAL AND PRIVILEGED Dear [insert recipient] Document preservation notice—[insert subject matter] We are writing to you in the context of [your current employment OR your previous employment OR your current professional relationship OR your previous professional relationship] with [insert name of the Company OR name of actual or prospective party to the proceedings]. [The Company OR name of actual or prospective party to the proceedings] [has recently OR is likely to] become subject to legal proceedings (‘the proceedings’). To comply with [the Company OR name of actual or prospective party to the proceedings]’s legal obligations, we therefore urgently need to take steps to preserve any and all documents that may be relevant to these proceedings. A failure to comply with these obligations could have very serious consequences for [the Company OR name of actual or prospective party to the proceedings]. The proceedings concern [set out...

Letter to client about disclosure under the Business and Property Courts Disclosure Scheme

Letter to client about disclosure under the Business and Property Courts Disclosure Scheme PRIVATE, CONFIDENTIAL & PRIVILEGED [Insert name and address of client] [insert date] Dear [insert name of contact at the client] Explaining the disclosure process and your obligations Thank you for your instructions in relation to [insert matter name / details]. [This letter accompanies our retainer OR Our retainer will follow under separate cover]. It [has been confirmed OR is likely OR is possible] that your dispute with [describe other parties] will be dealt with in the Business and Property Courts[ if it proceeds to formal litigation]. The purpose of this letter is to advise you specifically about what disclosure under the Disclosure Scheme (DS) that applies in the Business and Property Courts entails and what you need to know about the process. The DS is aimed at achieving a complete change of culture in the approach to disclosure in civil litigation, so even if you have dealt with disclosure previously, you should carefully review this...

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Where original documents are emails, but these are then printed off so that they are filed in hard copies, does the disclosure list have to comply with CPR 31.10 or PD 31B? Inspection will not take place on an online or electronic platform; instead the hard copies will be provided.

Where original documents are emails, but these are then printed off so that they are filed in hard copies, does the disclosure list have to comply with CPR 31.10 or PD 31B? Inspection will not take place on an online or electronic platform; instead the hard copies will be provided. CPR 31.10(2) requires that each party make and serve on every other party a list of documents in the relevant practice form. The list identifies: • the extent of the search that has been made to locate the documents • the documents which are available for inspection • the documents which your client claims a right or duty to withhold from inspection • the documents that are no longer in your client’s control and what has happened to them Where electronic documents are present, this may impact the form of the list of documents. CPR PD 31B deals with electronic documents. Before considering the application of CPR PD 31B, it should be noted that there is a distinction between:...