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Harvey Shopfitters Limited v ADI Limited, Court of Appeal, 13 November 2003

1 December 2003
The issues

Appeals – Part 52 – Core Bundle.

The facts

The Court of Appeal dismissed an Appeal by the Claimant from the Recorder in respect of a preliminary issue relating to contractual dispute. In dismissing the Appeal, Lord Justice Brooke commented on failures to comply with the practice and procedure set out in CPR Part 52 and its Practice Direction.

The decision

1. Legal representatives should be familiar with the requirements with regard to the lodgement of bundles set out in paragraphs 5.6, 5.7 and 5.8 of the Practice Direction. In particular, where a bundle comprised more than 150 pages excluding transcripts, only those documents, which the Court might reasonably be expected to pre-read, should be included. In such circumstances, the rest of the complete bundle should be brought to Court.

2. Paragraph 15.11(a) (regarded as required reading) provided that in those circumstances the parties must file and serve a Core Bundle. Although the Practice Direction did not specify when this should be done, it should be filed at the very latest 7 days before the Hearing.

3. A bundle of not more than 10 principal authorities with the relevant passages clearly marked should be filed 28 days before the Hearing. Page numbers in respect of authorities should be specified in the Skeleton Arguments.

4. Paragraph 5.9 of the Practice Direction provided that Skeleton Arguments should be lodged with the Appellants and Respondent’s Notices. Previously, there had been a relaxed approach from the Court on the part of the Court to that provision. However, the Judges would be very reluctant to read a Skeleton Argument lodged less than 7 days before a Hearing.

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