Court of Appeal (Civil Division) - core bundles and bundles of additional authorities to be filed not less than seven days before hearing - failure to comply with CPR part 52 and practice direction to be regarded with much greater disfavour

Harvey Shop Fitters Ltd v ADI Ltd: CA (Dame Elizabeth Butler-Sloss President, Lords Justice Brooke and Latham): 13 November 2003

A preliminary issue was determined in the defendant's favour.

The claimant appealed.

On the appeal issues arose as to the filing of bundles for appeals.

Richard Wilmot-Smith QC and Nicola Greaney (instructed by Collyer-Bristow) for the claimant; Peter Coulson QC and Gaynor Chambers (instructed by Colman Coyle) for the defendant.

Held, that all bundles lodged had to comply with paragraphs 5.6, 5.7 and 5.8 of the practice direction supplementing CPR part 52; that, although paragraph 15.11A of the practice direction did not specify any time limit, the core bundle should be filed seven days before the start of the hearing at the very latest; that, while paragraph 15.11 of the practice direction provided only that a bundle of not more than ten principal authorities had to be filed not less than 28 days before the hearing, an agreed bundle of additional authorities, with relevant passages clearly marked, should be filed not less than seven days before the hearing; and that in future failure to comply with the relevant practice and procedure set out in CPR part 52 and its practice direction was likely to be regarded with much greater disfavour by the court.