The Critical Role of Trial Bundles in Successful Court Proceedings

When a legal dispute reaches trial preparation is key. A well-organised bundle can help a trial run smoothly, while a poorly prepared one can lead to unnecessary delays, additional costs and difficulties presenting evidence.

What is a trial bundle and what should it contain?

A trial bundle is a collation of documents that the court, legal representatives and witnesses may need to refer to during a trial. It contains all the relevant evidence, pleadings, and other documents.

Practice Direction (PD) of the Civil Procedure Rule (CPR) 32 states the requirements for agreed bundles for hearings (paragraph 27).

A trial bundle may contain:

• Statements of case: Documents setting out the parties’ respective positions, such as the claim and defence.
• Court orders: Directions and decisions made by the court throughout the proceedings.
• Witness statements:  Written accounts of events from individuals involved in or with knowledge of the dispute.
• Expert reports: Opinions from independent experts on matters requiring specialist knowledge.
• Supporting evidence: Documents such as contracts, invoices, photographs and financial records.
• Correspondence: Relevant letters and emails.

The bundle should include a clear index and continuous pagination throughout, starting with the index, so that each document can be located easily during the trial. A poorly prepared bundle impacts the court’s ability to navigate a case which can lead to sanctions.

The importance of trial bundles

1. It helps the judge understand the case – A well-organised bundle allows the judge to navigate the documents efficiently and focus on the key issues that need to be decided.
2. It ensures the trial runs smoothly – During a trial, legal representatives will refer the judge and witnesses to particular documents. If the bundle is well organised and numbered, everyone can quickly locate the same document. However, if documents are missing or incorrectly numbered court time may be wasted.
3. It can save time and costs – Court proceedings can be expensive, and unnecessary delays can increase costs. A poorly prepared bundle may cause interruptions to the hearing or contribute to a trial being postponed.
4. It helps ensure relevant evidence is accessible – A trial bundle brings together the documents that may be needed during the hearing. This is particularly important where a dispute involves a large volume of evidence or where documents need to be compared.

Who is responsible for preparing the trial bundle?

In civil proceedings in England and Wales, the claimant or their legal representatives are responsible for preparing the trial bundle.

The parties should generally work together to agree which documents are included and ensure that the bundle complies with the relevant court rules and directions.

What if a party is not legally represented?

A litigant in person is someone who represents themselves. Although litigants in person may be unfamiliar with court procedures they are expected to comply with the procedural rules and court orders as legally represented parties.

However, where the Claimant is unrepresented, CPR PD 32 (paragraph 27.7) allows the court to direct another party to prepare and produce the trial bundle, usually the party who is legally represented.

While the court may make reasonable allowances for a litigant in person’s lack of legal knowledge or experience, this does not provide an exemption from procedural requirements. Failure to comply with court directions may still result in delays, adjournments or adverse costs consequences.

Common pitfalls with trial bundles

• Non-compliance with procedural rules
• Duplicate documents
• Blank pages and redacted documents that don’t add value
• High volumes of documents that aren’t referred to in the hearing
• An incomplete index
• Incorrect pagination
• Documents that are missing

Different courts, different rules

The rules for trial bundles vary between different types of cases heard at specialist courts such as the Business and Property Division (BPD) (which replaced the Chancery Division on 1 October 2026) and the King’s Bench Division (KBD).

Differences between BPD and KBD

Paper or electronic bundles

• KBD: The bundle should usually be provided in paper form unless the court orders otherwise.
• BPD: The bundle should usually be electronic unless the court orders otherwise.

Size limits

• KBD: Each bundle should contain no more than 300 pages.
• BPD: A paper bundle may contain up to 300 sheets of paper, equivalent to 600 pages when printed double-sided.

Organising the bundle

• Both divisions want chronological ordering, agreed contents, a note where documents aren’t agreed, core bundles for large cases. A Core bundle includes documents most likely to be referred to which is separately paginated and cross-referenced to the main bundle
• Both divisions want bundle pagination starting at page 1 with hyperlinked and bookmarked indexes

The costs consequences of poorly prepared bundles

PM Project Services Limited v Dairy Crest Ltd [2016] EWHC 1235

The Claimant brought three summary judgment applications, two supported by witness statements containing 750 pages of exhibits.

The Judge criticised the lack of pagination and the fact that many of the exhibits were not placed in the bundle where they were stated to be in the witness statements.

The Judge said that any sensible pre-reading he could have done for the case was ‘derailed by the manner of pagination’ and directed the bundles to be returned to the party’s solicitors for correction. The Judge also found there had been a b reach of the Overriding Objective (managing the courts resources proportionately).

The High Court adjourned part of a case due to inaccurately paginated bundles ordering the Claimant to bear the costs of correcting the bundles and pay any costs incurred by the delayed hearings.

Serra v Harvey [2024] EWHC 2250 (KB)

The trial was adjourned on its first day because the Claimant’s solicitors had served the trial bundle late and it was considered inadequate and “haphazard”. This caused the Defendant to incur unnecessary costs, resulting in the Claimant’s solicitors being ordered to pay 100% of the Defendant’s wasted costs on the indemnity basis.

As the Judge stated, “early preparation of trial bundles does not require hindsight”. Preparing trial bundles is not difficult, but it is important and requires careful organisation and planning. This decision serves as a clear message that the Court expects orders to be complied with.

These cases illustrate that poor bundle preparation can jeopardise trial dates, increase costs and expose legal representatives to serious financial sanctions.

Conclusion

A trial bundle is an essential part of preparing for a court hearing. Although its preparation may seem like a straightforward task, a well-constructed bundle can make a significant difference to the efficient running of a trial.
By ensuring that documents are complete, clearly organised and easy to locate, parties and legal representatives can help minimise delays, avoid unnecessary costs and allow the court to focus on the issues at the heart of the dispute.

Getting it wrong can have serious implications for the case leading to delays and costs consequences.

Preparing for court proceedings? Whether you are bringing or defending a claim, effective preparation is essential to achieving the best possible outcome. Our experienced Dispute Resolution team can advise on every stage of the litigation process, helping to ensure procedural requirements are met and your case is presented clearly and effectively before the court. Contact our specialist litigators on 0330 822 3451 to discuss your dispute and how we can assist with your case. Alternatively, request a callback at a more convenient time.