DR WS 12
Trial and Post-Trial Issues
Trial
Trial bundles
Contents PD39A, Para 3.2: Unless the court orders otherwise, the trial bundle should include a copy of:
(1) The claim form and all statements of case.
(2) A case summary and/or chronology where appropriate.
Case summary AKA Skeleton Argument
Each party must prepare a case summary - often called a skeleton argument.
Aim is to assist the court and the parties by indication of what points are or are not in issue and the nature
of the argument about the disputed matters.
This should:
o Concisely review the party’s submissions of fact in relation to each of the issues with reference to
evidence
o Refer to the main authorities
o Be divided into numbered paragraphs
o Identify key documents which the trial judge should, if possible, read before trial
Khader v Aziz: “Good skeleton arguments are tools with practical uses: an agenda for the hearing, a
summary of the main points, propositions and arguments to be developed orally, a useful way of noting
citations and references, a convenient place for making cross references, a time-saving means of avoiding
unnecessary dictation to the court and laborious and pointless note-taking by the court”.
3) Requests for further information and responses to the requests.
4) All witness statements to be relied on as evidence (only ones got permission for)
5) Any witness summaries.
6) Any notices of intention to rely on hearsay evidence under rule 33.2.
7) Any notices of intention to rely on evidence (such as a plan, photograph etc) under rule 33.6 which is not—
(a) contained in a witness statement, affidavit or expert’s report,
(b) being given orally at trial,
(c) hearsay evidence under rule 33.2,
8) Any medical reports and responses to them.
9) Any expert’s reports and responses to them.
10) Any order giving directions as to the conduct of the trial, and
11) Any other necessary documents.
You do not have to include:
The parties’ disclosure lists.
Original PD39A, Para 3.3
documents Originals of the documents contained in the trial bundle, together with copies of any other court orders
should be available at the trial
Responsibilit PD39A, Para 3.4
y for The legal representative who has conduct of the claim on behalf of the claimant
preparation
Illegible PD39A, Para 3.8
documents If a document to be included in the trial bundle is illegible, a typed copy should be included in the bundle
next to it, suitably cross-referenced
Agreed PD39A, Para 3.9
contents The contents of the trial bundle should be agreed where possible, and that the documents contained in
the bundle are authentic.
Where agreement is not possible, a summary of the points on which the parties are unable to agree
should be included
Identical PD39A, Para 3.10
bundles The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and
for the use of the witnesses.
When filed? Unless the court orders otherwise, the trial bundle must be filed not more than seven days and not less than
three days before the start of trial.
Structure of the trial
1
Trial and Post-Trial Issues
Trial
Trial bundles
Contents PD39A, Para 3.2: Unless the court orders otherwise, the trial bundle should include a copy of:
(1) The claim form and all statements of case.
(2) A case summary and/or chronology where appropriate.
Case summary AKA Skeleton Argument
Each party must prepare a case summary - often called a skeleton argument.
Aim is to assist the court and the parties by indication of what points are or are not in issue and the nature
of the argument about the disputed matters.
This should:
o Concisely review the party’s submissions of fact in relation to each of the issues with reference to
evidence
o Refer to the main authorities
o Be divided into numbered paragraphs
o Identify key documents which the trial judge should, if possible, read before trial
Khader v Aziz: “Good skeleton arguments are tools with practical uses: an agenda for the hearing, a
summary of the main points, propositions and arguments to be developed orally, a useful way of noting
citations and references, a convenient place for making cross references, a time-saving means of avoiding
unnecessary dictation to the court and laborious and pointless note-taking by the court”.
3) Requests for further information and responses to the requests.
4) All witness statements to be relied on as evidence (only ones got permission for)
5) Any witness summaries.
6) Any notices of intention to rely on hearsay evidence under rule 33.2.
7) Any notices of intention to rely on evidence (such as a plan, photograph etc) under rule 33.6 which is not—
(a) contained in a witness statement, affidavit or expert’s report,
(b) being given orally at trial,
(c) hearsay evidence under rule 33.2,
8) Any medical reports and responses to them.
9) Any expert’s reports and responses to them.
10) Any order giving directions as to the conduct of the trial, and
11) Any other necessary documents.
You do not have to include:
The parties’ disclosure lists.
Original PD39A, Para 3.3
documents Originals of the documents contained in the trial bundle, together with copies of any other court orders
should be available at the trial
Responsibilit PD39A, Para 3.4
y for The legal representative who has conduct of the claim on behalf of the claimant
preparation
Illegible PD39A, Para 3.8
documents If a document to be included in the trial bundle is illegible, a typed copy should be included in the bundle
next to it, suitably cross-referenced
Agreed PD39A, Para 3.9
contents The contents of the trial bundle should be agreed where possible, and that the documents contained in
the bundle are authentic.
Where agreement is not possible, a summary of the points on which the parties are unable to agree
should be included
Identical PD39A, Para 3.10
bundles The party filing the trial bundle should supply identical bundles to all the parties to the proceedings and
for the use of the witnesses.
When filed? Unless the court orders otherwise, the trial bundle must be filed not more than seven days and not less than
three days before the start of trial.
Structure of the trial
1
