View source for COP Practice Direction: Preparation of Bundles

<div class="text">
1 The President of the Court of Protection has issued 
this practice direction to achieve consistency across 
the country in the preparation of court bundles and in 
respect of other related matters in the Court of 
Protection. 

'''Application of the practice direction '''

2.1 Except as specified in paragraph 2.4, and 
subject to a direction under paragraph 2.5 or specific 
directions given in any particular case, the following 
practice applies to: 

:(a) all hearings in the Court of Protection before the President of the Family Division, the Chancellor or a High Court judge sitting as a judge of the Court of Protection wherever the court may be sitting; 

:(b) all hearings in the Court of Protection relating in whole or in part to personal welfare, health or deprivation of liberty that are listed for a hearing of one hour or more before another judge of that court 

:(c) all hearings in the Court of Protection relating solely to property and affairs that are listed for a hearing of three hours or more before another judge of that court 

2.2 “Hearings” includes all appearances before 
a judge whether with or without notice to other parties 
and whether for directions or for substantive relief. 

2.3 This practice direction applies whether a 
bundle is being lodged for the first time or is being re-
lodged for a further hearing. 

2.4 This practice direction does not apply to the 
hearing of any urgent application if and to the extent 
that it is impossible to comply with it. 

2.5 The President of the Court of Protection 
may, after such consultation as is appropriate 
direct that this practice direction shall apply to 
such hearings as he may specify that are not 
before a judge of the High Court irrespective of 
the length of hearing. 

'''Responsibility for the preparation of the bundle '''

3.1 A bundle for the use of the court at the 
hearing shall be provided by the party in the 
position of applicant at the hearing (or, if there 
are cross-applications, by the party whose 
application was first in time) or, if that person is a 
litigant in person, by the first listed respondent 
who is not a litigant in person 

3.2 The party preparing the bundle shall 
paginate it. If possible the contents of the bundle 
shall be agreed by all parties. 

'''Contents of the bundle '''

 
4.1 The bundle shall contain copies of all 
documents relevant to the hearing, in 
chronological order from the front of the bundle, 
paginated and indexed, and divided into separate 
sections (each section being separately 
paginated) as follows: 

:(a) preliminary documents (see paragraph 4.2) and any other case management documents required by any other practice direction; 

:(b) applications and orders including all CoP forms; 

:(c) statements and affidavits (which must be dated in the top right corner of the front page); 

:(d) care plans (where appropriate); 

:(e) experts’ reports and other reports; and 

:(f) other documents, divided into further sections as may be appropriate. 

4.2 At the commencement of the bundle 
there shall be inserted the following documents 
(“the preliminary documents”): 

:(i) an up to date summary of the background to the hearing confined to those matters which are relevant to the hearing and the management of the case and limited, if practicable, to one A4 page; 

:(ii) a statement of the issue or issues to be determined (1) at that hearing and (2) at the final hearing; 

:(iii) a position statement by each party including a summary of the order or directions sought by that party (1) at that hearing and (2) at the final hearing; 

:(iv) an up to date chronology, if it is a final hearing or if the summary under (i) is insufficient; 

:(v) skeleton arguments, if appropriate, with copies of all authorities relied on; and 

:(vi) a list of essential reading for that hearing. 
 
4.3 Each of the preliminary documents shall 
state on the front page immediately below the 
heading the date when it was prepared and the 
date of the hearing for which it was prepared. 

4.4 The summary of the background, 
statement of issues, chronology, position 
statement and any skeleton arguments shall be 
cross-referenced to the relevant pages of the 
bundle. 

4.5 Where the nature of the hearing is such that 
a complete bundle of all documents is unnecessary, 
the bundle (which need not be repaginated) may comprise only those documents necessary for the 
hearing, but 

:(i) the summary (paragraph 4.2(i)) must commence with a statement that the bundle is limited or incomplete; and 

:(ii) the bundle shall if reasonably practicable be in a form agreed by all parties. 

4.6 Where the bundle is re-lodged in 
accordance with paragraph 9.2, before it is re-lodged: 

:(a) the bundle shall be updated as appropriate; and 

:(b) all superseded documents (and in particular all outdated summaries, statements of issues, chronologies, skeleton arguments and similar documents) shall be removed from the bundle. 

'''Format of the bundle '''

5.1 The bundle shall be contained in one or 
more A4 size ring binders or lever arch files (each 
lever arch file being limited to 350 pages). 

5.2 All ring binders and lever arch files shall 
have clearly marked on the front and the spine: 

:(a) the title and number of the case; 

:(b) the court where the case has been listed; 

:(c) the hearing date and time; 

:(d) if known, the name of the judge hearing the case; and 

:(e) where there is more than one ring binder or lever arch file, a distinguishing letter (A, B, C etc). 

'''Timetable for preparing and lodging the bundle '''

6.1 The party preparing the bundle shall, whether or not the bundle has been agreed, provide a paginated index to all other parties not less than 4 working days before the hearing. 

6.2 Where counsel is to be instructed at any hearing, a paginated bundle shall (if not already in counsel’s possession) be delivered to counsel by the person instructing that counsel not less than 3 working days before the hearing. 

6.3 The bundle (with the exception of the 
preliminary documents, if and insofar as they are 
not then available) shall be lodged with the court 
not less than 2 working days before the hearing, 
or at such other time as may be specified by the 
judge. 

6.4 The preliminary documents shall be 
lodged with the court no later than 11 am on the 
day before the hearing and, where the hearing is 
before a judge of the High Court and the name of 
the judge is known, shall at the same time be sent 
by e-mail to the judge’s clerk. 

'''Lodging the bundle '''
 
7.1 The bundle shall be lodged at the 
appropriate office. If the bundle is lodged in the wrong 
place the judge may: 

:(a) treat the bundle as having not been lodged; and 

:(b) take the steps referred to in paragraph 12. 

7.2 Unless the judge has given some other 
direction as to where the bundle in any particular 
case is to be lodged (for example a direction that the 
bundle is to be lodged with the judge.s clerk) the 
bundle shall be lodged: 

:(a) for hearings in the RCJ, in the office of the Clerk of the Rules, 1st Mezzanine, Queen.s Building, Royal Courts of Justice, Strand, London WC2A 2LL (DX 44450 Strand) or, as appropriate, in the office of the Chancery Judges. Listing Officer, Room WG 4, Royal Courts of Justice, Strand, London WC2A 2LL (DX 44450 Strand); 

:(b) for hearings at the Court of Protection in Archway, North London, with the Listing & Appeals team, Level 9, Archway Tower, 2 Junction Road, London, N19 5SZ (DX 141150 Archway 2) 

:(c) for hearings in the PRFD at First Avenue House, at the List Office counter, 3rd floor, First Avenue House, 42/49 High Holborn, London, WC1V 6NP (DX 396 Chancery Lane); and 

:(d) for hearings at any other court, including regional courts where a Court of Protection judge is sitting, at such place as may be designated and in default of any such designation, at the court office or Court of Protection section of the court where the hearing is to take place. 

7.3 Any bundle sent to the court by post, DX or 
courier shall be clearly addressed to the appropriate 
office and shall show the date and place of the hearing on the outside of any packaging as well as on 
the bundle itself. It must in particular expressly and 
prominently state that it relates to Court of Protection 
business. 

'''Lodging the bundle – additional requirements for 
cases being heard at First Avenue House or at the 
RCJ'''
 
8.1 In the case of hearings at the RCJ or 
PRFD, parties shall: 

:(a) if the bundle or preliminary documents are delivered personally, ensure that they obtain a receipt from the clerk accepting it or them; and 

:(b) if the bundle or preliminary documents are sent by post or DX, ensure that they obtain proof of posting or despatch. 

The receipt (or proof of posting or despatch, as the case may be) shall be brought to court on the day of 
the hearing and must be produced to the court if 
requested. If the receipt (or proof of posting or 
despatch) cannot be produced to the court the judge 
may (i) treat the bundle as having not been lodged 
and (ii) take the steps referred to in paragraph 12. 

8.2 For hearings at the RCJ: 

:(a) bundles or preliminary documents delivered after11 am on the day before the hearing will not be accepted by the Clerk of the Rules or Chancery Judges. Listing Officer and shall be delivered, in a case where the hearing is before a judge of the High Court, directly to the clerk of the judge hearing the case; 

:(b) upon learning before which judge a hearing is to take place, the clerk to counsel, or other advocate, representing the party in the position of applicant shall no later than 3pm the day before the hearing, in a case where the hearing is before a judge of the High Court, telephone the clerk of the judge hearing the case to ascertain whether the judge has received the bundle (including the preliminary documents) and, if not, shall organise prompt delivery by the applicant’s solicitor. 

'''Removing and re-lodging the bundle '''

9.1 Following completion of the hearing the 
party responsible for the bundle shall retrieve it from 
the court immediately or, if that is not practicable, 
shall collect it from the court within five working days. 
Bundles which are not collected in due time may be 
destroyed. 

9.2 The bundle shall be re-lodged for the next 
and any further hearings in accordance with the 
provisions of this practice direction and in a form 
which complies with paragraph 4.6. 

'''Time estimates '''
 
10.1 In every case a time estimate (which 
shall be inserted at the front of the bundle) shall 
be prepared which shall so far as practicable be 
agreed by all parties and shall: 

:(a) specify separately (i) the time estimated to be required for judicial pre-reading (ii) the time required for hearing all evidence and submissions and (iii) the time estimated to be required for preparing and delivering judgment; and 

:(b) be prepared on the basis that before they give evidence all witnesses will have read all relevant filed statements and reports. 

10.2 Once a case has been listed, any change in 
time estimates shall be notified immediately by 
telephone (and then immediately confirmed in 
writing): 

:(a) in the case of hearings in the RCJ, to the Clerk of the Rules or the Chancery Judges. Listing Officer as appropriate; 

:(b) in the case of hearings in the Court of Protection at Archway Tower, North London, to the Diary Manager in the Listing & Appeals team 

:(c) in the case of hearings in the PRFD at First Avenue House, to the List Officer at First Avenue House; and 

:(d) in the case of hearings elsewhere, to the relevant listing officer. 

'''Taking cases out of the list '''
 
11 As soon as it becomes known that a 
hearing will no longer be effective, whether as a 
result of the parties reaching agreement or for any 
other reason, the parties and their representatives 
shall immediately notify the court by telephone and by 
letter. The letter, which shall wherever possible be a 
joint letter sent on behalf of all parties with their 
signatures applied or appended, shall include: 

:(a) a short background summary of the case; 

:(b) the written consent of each party who consents and, where a party does not consent, details of the steps which have been taken to obtain that party.s consent and, where known, an explanation of why that consent has not been given; 

:(c) a draft of the order being sought; and 

:(d) enough information to enable the court to decide (i) whether to take the case out of the list and (ii) whether to make the proposed order. 

'''Penalties for failure to comply with this practice direction '''
 
12 Failure to comply with any part of this 
practice direction may result in the judge 
removing the case from the list or putting the 
case further back in the list and may also result in 
a “wasted costs” order in accordance with CPR 
Part 48.7 or some other adverse costs order. 

'''Commencement of this practice direction and application of other practice directions '''

13 This practice direction shall have effect 
from the date of this practice direction 

14 This practice direction is issued by the 
President of the Court of Protection, as the nominee 
of the Lord Chief Justice, with the agreement of the 
Lord Chancellor. 
</div>