Preparation for trial - Preparation of trial bundles

Learning Outcomes

This article outlines the procedural and exam-focused rules for preparing trial bundles in civil litigation, including:

• the mandatory contents of a trial bundle under CPR and Practice Direction 39A, and how to structure them logically for use at trial.
• the claimant’s primary responsibility for preparation, filing, and service, and circumstances in which the court may reallocate that duty and costs.
• the correct timing for filing and serving bundles, with emphasis on the three‑to‑seven‑day window and how bespoke directions override it.
• the practical organisation of paper and electronic bundles, including pagination, indexing, sectional dividers, bookmarking, and compliance with court‑specific e‑bundle guidance.
• the relationship between bundle preparation, pre‑trial checklists, listing, and pre‑trial reviews, and how these steps appear in SQE1-style problem questions.
• typical areas of disagreement over bundle contents, how parties should seek to agree documents, and how to record and present any remaining disputes.
• common pitfalls such as over‑inclusive bundles, missing hearsay notices, non‑compliance with directions, and the range of possible sanctions and adverse costs orders.
• exam-focused techniques for identifying relevant documents, applying PD 39A to factual scenarios, and articulating concise, rule-based answers in SQE1 MCQs.

SQE1 Syllabus

For SQE1, you are required to understand the procedural steps and legal requirements for preparing trial bundles in civil litigation, with a focus on the following syllabus points:

• the purpose and function of trial bundles in the trial process
• the mandatory contents of a trial bundle under CPR and Practice Direction 39A
• the claimant’s responsibility for preparation, filing, and service of the bundle
• the required timing for filing and serving trial bundles
• best practices for organisation, pagination, and agreement of bundle contents
• how pre-trial checklists and pre-trial reviews relate to bundle preparation and listing
• differences in approach for fast-track and multi-track trials, including case summaries and expert material
• electronic bundle requirements (navigation, searchability, court-specific directions) and use of CE-File where applicable
• consequences of non-compliance (e.g. adjournments, wasted costs, sanctions under CPR Parts 3 and 44)

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Who is responsible for preparing and filing the trial bundle in civil proceedings?
2. What are the mandatory documents that must be included in a trial bundle under CPR Practice Direction 39A?
3. By when must the trial bundle be filed and served before the start of trial?
4. Why is it important to agree the contents of the trial bundle with the other party?

Introduction

Preparation of trial bundles is a key step in getting a civil case ready for trial. The trial bundle is a single, organised file containing all documents the court and parties will need during the hearing. The Civil Procedure Rules (CPR) and Practice Direction 39A set out strict requirements for the contents, format, and timing of trial bundles. Failing to comply can cause delays, wasted costs, or even sanctions. For SQE1, you must know what goes into a trial bundle, who prepares it, and how to ensure it is ready on time.

Bundle preparation sits within the court’s active case management under the overriding objective (CPR 1.1 and 1.4). In fast‑track and multi‑track cases, pre‑trial checklists (listing questionnaires) are filed eight weeks before trial, enabling the court to confirm readiness and, where appropriate, list a pre‑trial review. Directions at these stages often require the trial bundle to be prepared, agreed and lodged within a set window (typically three to seven days pre‑trial). Non‑compliance can result in adjournment, adverse costs orders, or other sanctions under CPR Part 3.

The Purpose of Trial Bundles

A trial bundle ensures that the judge, parties, and witnesses have easy access to all relevant documents during the hearing. It supports efficient case management, reduces delays, and helps the court follow the evidence and arguments. A well-prepared bundle avoids confusion and ensures the trial proceeds smoothly.

In practice, a coherent, paginated bundle:

• allows the judge to pre‑read efficiently, targeting key issues, witness statements, and expert material
• minimizes interruptions and time wasted finding documents
• facilitates accurate references in examination‑in‑chief, cross‑examination, and submissions
• reduces the risk of adjournments and wasted costs due to missing or illegible material

Key Term: trial bundle
A single, indexed, and paginated file containing all documents required for use at trial, prepared and filed in accordance with the CPR and Practice Directions.

The Claimant’s Responsibility

The claimant is responsible for preparing, filing, and serving the trial bundle unless the court orders otherwise. This includes:

• collecting all required documents
• agreeing the contents with the other party where possible
• paginating and indexing the bundle
• filing the bundle at court and serving copies on all parties and the judge

This responsibility extends to producing enough identical copies for:

• the judge (and any panel members, if applicable)
• all parties’ representatives
• witnesses (including experts), where practical

If the claimant fails in this duty, the court may direct another party to prepare the bundle and may make costs orders reflecting the additional burden. Persistent or serious default can trigger case management sanctions, including adjournment or orders under CPR 3.4 and 3.1.

Key Term: filing
The act of submitting a document to the court so that it is placed on the official court file.

Key Term: serving
Delivering a document to the other party (or parties) in accordance with the CPR, ensuring they receive it in time for the hearing.

Mandatory Contents of the Trial Bundle

The required contents of a trial bundle are set out in Practice Direction 39A paragraph 3.5. The bundle must include:

• the claim form and all statements of case (including particulars of claim, defence, reply, and any counterclaim)
• a case summary and/or chronology of key events (if appropriate; typically required on the multi‑track)
• requests for further information and responses
• all witness statements to be relied on at trial
• any witness summaries
• notices of intention to rely on hearsay evidence
• notices of intention to rely on other evidence (e.g. plans, photographs)
• all expert reports and responses
• any orders giving directions for the conduct of the trial
• any other documents necessary for the trial

Additional practice points:

• If a party will rely on hearsay from a witness not attending, the hearsay notice must be served in line with CPR Part 33 and Civil Evidence Act 1995 (typically no later than the latest date for serving witness statements). Include the notice and, where the hearsay is a document, a copy of that document.
• Where witness summaries have been permitted (CPR 32.9), include them and flag clearly that a summary is used in place of a statement.
• Only add “other necessary documents” where genuinely needed to resolve the issues at trial—avoid extraneous correspondence and duplication.

Key Term: case summary
A concise document outlining the main issues, background, and key facts of the case, included in the trial bundle to assist the judge.

Key Term: chronology
A timeline of key events relevant to the dispute, included in the trial bundle to help the court understand the sequence of events.

Organisation and Format

The trial bundle must be:

• indexed at the front, listing all documents and their page numbers
• paginated consecutively throughout
• divided into sections (e.g. statements of case, witness statements, expert reports)
• filed in a ring binder or lever-arch file (or as an electronic bundle if required by the court)
• prepared in enough copies for the judge, all parties, and witnesses

Good practice for layout and usability:

• Use clear sectional dividers (e.g. A: Statements of Case; B: Orders; C: Witness Evidence; D: Expert Evidence; E: Hearsay and Notices; F: Key Documents).
• Paginate the entire bundle with a single consecutive numbering system. Avoid re‑paginating if late additions arise; instead, agree a short “supplementary bundle” or use a sensible suffix (e.g. 250A–250E) if the court permits.
• Ensure all documents are legible, complete, and, where appropriate, signed and dated. Poor scans and cropped pages hinder the trial and risk criticism.
• Label the spine and cover with case name, claim number, party, and “Trial Bundle”, together with the date of trial.
• In multi‑day hearings, consider a slim, separate “Core Bundle” (if directed) containing the case summary, chronology, orders, key statements, and the critical documents referred to most frequently. Authorities are usually provided separately and only if directed; they are not part of PD 39A’s mandatory trial bundle contents.

Key Term: pagination
The process of numbering each page in the trial bundle consecutively for easy reference during the trial.

Timing for Filing and Serving the Bundle

The trial bundle must be filed and served not more than seven days and not less than three days before the start of the trial, unless the court orders otherwise. Late filing can disrupt the hearing and may lead to sanctions.

Tie‑in with listing steps:

• In fast track matters, the trial is intended to be ready within 30 weeks of directions. The court may give standard directions for bundle lodging in the three‑to‑seven‑day window.
• In multi‑track cases, a pre‑trial review may confirm bundle requirements, core documents, and precise lodging dates. Ensure compliance with those directions even if they vary the standard three‑to‑seven‑day window.

Worked Example 1.1

A claimant is preparing for a fast-track trial listed for Monday 15th May. When must the trial bundle be filed and served?

Answer:
The trial bundle must be filed and served no earlier than Monday 8th May and no later than Thursday 11th May.

Agreement of Bundle Contents

Where possible, the parties should agree the contents of the trial bundle in advance. This avoids disputes at trial and ensures all necessary documents are included. If agreement cannot be reached, the claimant should include a summary of the points of disagreement in the bundle.

Agreement principles:

• Identify and discuss early which documents are truly necessary for trial. Use case summaries and chronologies to focus the issues.
• Avoid duplicating materials: if a document appears multiple times (e.g. in disclosure and as a trial exhibit), include a single copy in the most logical section.
• Where the other party objects to inclusion, record the objection briefly and neutrally so the judge can resolve if needed.

Worked Example 1.2

The defendant objects to the inclusion of certain correspondence in the trial bundle. What should the claimant do?

Answer:
The claimant should include a summary of the disagreement in the bundle and, if necessary, seek the court’s direction at the pre-trial review.

Best Practices and Common Pitfalls

• Only include documents that are relevant and necessary for the trial. Avoid overloading the bundle with unnecessary material.
• Ensure all documents are legible and complete.
• Double-check pagination and indexing for accuracy.
• Prepare electronic bundles in accordance with court requirements if directed.
• File and serve the bundle on time to avoid disruption or sanctions.
• Cross‑check that witness statements relied upon were exchanged in accordance with directions. If any witness statement was not served, that witness ordinarily cannot be called without court permission (CPR 32.10).
• Make sure hearsay notices and any witness summaries have been served on time and are included.
• Check that orders and directions included reflect the latest procedural position, so the judge can see the path to trial.
• Avoid adding authorities unless the court has directed an authorities pack. If required, provide a separate, slim authorities bundle with an index of propositions and references.

Sanctions and consequences:

• Non‑compliance may lead to adjournment and wasted costs orders (CPR 44.2). The court can also exercise case management powers under CPR Part 3 to make orders of its own initiative, or to strike out in extreme cases (CPR 3.4).
• Over‑inclusive bundles risk criticism and costs consequences if the court finds preparation disproportionate.

Revision Tip

Prepare the trial bundle early and communicate with the other party to agree contents. Last-minute preparation increases the risk of errors and missed deadlines.

Exam Warning

Including irrelevant or excessive documents in the trial bundle can lead to criticism by the judge and may result in wasted costs orders.

Electronic Trial Bundles

Many courts now require or accept electronic trial bundles. These must be:

• bookmarked for easy navigation
• text-searchable
• compliant with any specific court directions on format and security

Always check the court’s requirements for electronic bundles well in advance of the trial date. Typical expectations include:

• PDF format, with a hyperlinked index and bookmarks matching the section structure
• a single consecutive page numbering that mirrors any printed copies
• concise file naming conventions and manageable file sizes (larger matters may require multiple PDFs by section)
• submission via the court’s electronic filing system where applicable (e.g. CE‑File in the High Court), and any separate upload or delivery instructions in the listing office’s guidance

Ensure the e‑bundle duplicates the physical bundle’s structure and pagination, so references in court work consistently across formats.

Worked Example 1.3

Late in the week before trial, the court makes a short directions order about the timetable which was not in the original bundle. How should this be handled?

Answer:
Agree a brief supplementary bundle containing the new order, maintain the original pagination, and update the index to refer to the supplementary pages. Notify the court and parties promptly, and lodge the supplementary bundle in the same format as the main bundle.

Worked Example 1.4

The court requires an electronic bundle via CE‑File with a hyperlinked index and bookmarks. What are the key steps to ensure compliance?

Answer:
Create a single, text‑searchable PDF with a front index hyperlinked to each section and key documents; insert bookmarks mirroring the index; ensure pagination is consecutive across the whole PDF; verify legibility and completeness; follow any naming conventions and upload deadlines in the listing notice; and confirm successful submission and access with the court.

Summary

A trial bundle is an organised, indexed, and paginated file containing all documents required for trial. The claimant prepares, files, and serves the bundle, ensuring it contains the mandatory documents listed in Practice Direction 39A. The bundle must be filed and served three to seven days before trial. Agreement of contents with the other party is best practice. Only include relevant documents, and follow any court directions for electronic bundles. Coordination with pre‑trial checklists and reviews is key to readiness; non‑compliance risks adjournments and adverse costs orders.

Key Point Checklist

This article has covered the following key knowledge points:

• The trial bundle is a single, indexed, and paginated file containing all documents required for use at trial.
• The claimant is responsible for preparing, filing, and serving the trial bundle unless the court orders otherwise.
• The trial bundle must include the claim form, statements of case, case summary or chronology, witness statements, expert reports, and other mandatory documents.
• The bundle must be filed and served not more than seven days and not less than three days before trial.
• The parties should agree the contents of the bundle where possible, and only include relevant and necessary documents.
• Electronic bundles must comply with court requirements for format, bookmarking, and security.
• Hearsay notices and witness summaries must be served on time and included where relied upon.
• Pre‑trial checklists and reviews help ensure bundle readiness; failure to comply may trigger case management sanctions or wasted costs.

Key Terms and Concepts

• trial bundle
• filing
• serving
• case summary
• chronology
• pagination