1) Bundles. How often is the 350 page limit skipped without permission? Very frequently, in my experience. When permission is given, how often is it done pro forma? Often. How often do Judges actually scrutinise the bundle and make directions to cut it back down? Quite rarely in my experience. - ThreadSky

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giffordhead.co.uk • 58 days ago

1) Bundles. How often is the 350 page limit skipped without permission? Very frequently, in my experience. When permission is given, how often is it done pro forma? Often. How often do Judges actually scrutinise the bundle and make directions to cut it back down? Quite rarely in my experience.

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sunybay.bsky.social•58 days ago

I blame e-bundling. It’s so easy to click-click-click (usually by non fee earner) on the PDF’s. Involves no real thought. Back when I was a trainee this would mean the photocopier would need a break every 20 mins to cool down. Who on earth needs the notes on how to fill in a Form E in the bundle?

giffordhead.co.uk•58 days ago

Yes. Indeed. I agree with all of that.

giffordhead.co.uk•58 days ago

2) Timing of position statements. Counsel is sometimes criticised for lodging them late. But, in ordinary cases, how often is counsel provided with the bundle 3 clear days before the hearing as is required by PD 27A at 6.2? Rarely in these sorts of cases.

giffordhead.co.uk•58 days ago

3) Lengths of position statements. They are limited to no more than 3 pages at per PD 27A at 5.2A.1. How often is this ignored without comment? Almost every day in my experience. I think I am the only barrister who seeks permission to exceed this when necessary.

giffordhead.co.uk•58 days ago

4) The court’s responsibility in case-management. This case must have been going off the rails for some time & I would be surprised if the non-compliant bundle appeared at the Final Hearing for the first time. See also the QLR point. It’s why I think we need far more PTRs before the trial judge.

giffordhead.co.uk•58 days ago

Improving efficiency in the Family Court requires a joint effort from parties and the court. The starting point should be, in my view, with root & branch reform of the FPR. Let’s put in place rules which reflect reality and which are workable. Let’s then ensure they are always complied with.

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