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Application Bundle

Application Bundle in relation to the Technology and Construction Court

The bundle for the hearing of anything other than the most simple and straightforward application should consist of: • the permanent case management bundle (see Section 5.8 above); • the witness statements provided in support of the application, together with any exhibits; • the witness statements provided in opposition to the application together with exhibits; • any witness statements in reply, together with exhibits. The permanent case management bundle will either be with the Technology and Construction Court or with the claimant’s solicitors, depending on the order made at the first case management conference: see paragraph 5.9 above. If it is with the claimant’s solicitors, it should be provided to the Technology and Construction Court not less than 2 working days before the hearing. In any event, a paginated bundle (see paragraph 6.5.4 below) containing any material specific to the application should also be provided to the Technology and Construction Court not less than 2 working days before the hearing, unless otherwise directed by the judge. A failure to comply with this deadline may result in the adjournment of the hearing, and the costs thrown away being paid by the defaulting party. In all but the simplest applications, the Technology and Construction Court will expect the parties to provide skeleton arguments and copies of any authorities to be relied on. The form and content of the skeleton argument is principally a matter for the author, although the judge will expect it to identify the issues that arise on the application, the important parts of the evidence relied on, and the applicable legal principles. For detailed guidance as to the form, content and length of skeleton arguments, please see paragraph 7.11.12 of the Queen’s Bench Guide; Appendix 3 of the Chancery Guide; and Appendix 9 of the Commercial Court Guide. For an application that is estimated to last % day or less, the skeleton should be provided no later than 1 pm on the last working day before the hearing. It should be accompanied by photocopies of the authorities relied on (preferably in the form of a common agreed bundle). An electronic copy of each skeleton argument (in Microsoft Word compatible format) should be sent to the clerk of the judge hearing the application: if a party is reluctant for other parties to be provided with its skeleton argument in Word, it may serve it in pdf (or other readable) form provided that it certifies that the version sent to the judge is identical in content to that served on the other party(ies). For an application that is estimated to last more than % day, the skeleton should be provided no later than 4 pm one clear working day before the hearing. It should be accompanied by photocopies of the authorities relied on (again, preferably in the form of a common agreed bundle). The time limits at paragraphs 6.5.4 and 6.5.5 above will be regarded as the latest times by which such skeletons should be provided to the court. Save in exceptional circumstances, no extension to these periods will be permitted.

Pagination

It is generally necessary for there to be a paginated bundle for the hearing. Where the parties have produced skeleton arguments, these should be cross-referred to the bundle page numbers. Where possible bundles should be paginated right through, but this may be dispensed with where a document within a discrete section of the bundle has its own internal pagination.



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(2020, 10). Application Bundle lawi.org.uk Retrieved 09, 2021, from https://lawi.org.uk/application-bundle/

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"Application Bundle" lawi.org.uk. 10, 2020. Accesed 09 2021. https://lawi.org.uk/application-bundle/

Amber Gibson, 'Application Bundle' (lawi.org.uk 2020) <https://lawi.org.uk/application-bundle/> accesed 2021 September 26

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  • Article Name: Application Bundle
  • Author: Amber Gibson
  • Description: Application Bundle in relation to the Technology and Construction Court [rtbs name="technology-and-construction-court"]The [...]

This entry was last updated: October 5, 2020

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