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FAMILY PROCEEDINGS : COURT BUNDLES (UNIVERSAL PRACTICE by V3hL21

VIEWS: 52 PAGES: 23

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                                           Families Need Fathers Booklet
                       134 Curtain Road, London EC2A 3AR   Tel. 020 7613 5060   Website: www.fnf.org.uk


             PREPARING COURT BUNDLES




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1
 Family Proceedings: Court Bundles (Universal practice to be applied in all courts other than the family
proceedings court) President’s Direction, 27 July 2006


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      Page 3 of 23




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A summary of the background to the hearing




A statement of issues




A position statement including a summary of the order or directions sought by each
party




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                        Page 5 of 23




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A chronology




A skeleton argument




                             .



                      V2.1 May 2007
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Essential reading




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   Sample index
                                        JOHN SMITH
                                                                                      Applicant

                                             - and -


                                     SUSAN BROWN
                                                                                  Respondent



                               INDEX TO BUNDLE


SECTION   A
                  Summary background …………………………………………………….                                            1
                  Summary and Statement of Issues ………………………………….…..                                   2
                  Position statement ……………………………………………………........                                     3
                  Chronology ………………………………………………………………….                                               4
                  Skeleton argument ………………………………………………………....                                         6
                  Essential reading …………………………………………………………...                                         8

SECTION B                                     APPLICATIONS & ORDERS
    16/04/06      Originating application for contact and parental
                  responsibility ………………………………………………………………..
                                                                                                      1
    03/06/06      Directions by D J Red ……………………………………………………...                                       7
                      - filing of statements, CAFCASS report by (9/9/06), further directions
                          (16/9/06), final hearing after 7/10/06.
    17/09/06      Directions by H H Judge Lemon …………………………………………                                      9
                      - interim contact, review date (18/12/06), addendum CAFCASS report,
                          vacation of 9/10/06, PR application adjourned.
    23/10/06      Directions by D J White (upon request from CAFCASS) …………..........                  11
                      - extend time for filing report to 7/01/07, the new review date of
                          14/01/07
    19/11/06      Application for enforcement and variation of interim contact
                  order …………………………………………………………………………                                                  14




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SECTION C                                        STATEMENTS
    01/07/03   Applicant father’s first statement ……………………..…………………                                   1
    01/07/03   Respondent mother’s first statement …………………………….……..                                  17
    10/12/03   Applicant father’s second statement …………………………………...                                  21


SECTION D                                          REPORT(S)
    15/09/03   CAFCASS report -   Imelda Marcos, CFR ………………………………..                                  1


SECTION E                             CORRESPONDENCE / OTHER DOCUMENTS
    31/10/03   Letter from Muppets, Respondent’s solicitors to Applicant
               father ….……………………………………………………………………..                                                 1
    08/11/03      Letter from Applicant father to Muppets ……………………………                                 2
    11/11/03   Letter from Muppet, Respondent’s solicitors to Applicant father ….….                   5
    12/11/03      Letter from Applicant father to Muppets …………………………..                                7
    20/11/03      Letter from Applicant father to Muppets …………………………..                                9
    24/11/03   Letter from Muppets, Respondent’s solicitors to Applicant father ….…                  10




                                                                                 V2.1 May 2007
Sample chronology
                                   JOHN SMITH
                                                                                  Applicant

                                        - and -


                                 SUSAN BROWN
                                                                                Respondent



                              CHRONOLOGY


  Oct    2003   Ms Brown and Mr Smith begin their relationship, never living together


  Nov    2005   Ms Brown and Mr Smith’s relationship comes to an end


 6 Feb   2006   Alan George Brown born. Father present for birth
13 Feb   2006   Mother registers birth without notifying or consulting father
17 Feb   2006   First permitted contact at mother’s home – 3hours
26 Feb   2006
                Four sessions of contact with mother bringing child to father’s home, each session
     to
                approximately 4 hours long.
26 Mar  2006
29 Mar   2006   Mother received solicitors letter requesting parental responsibility agreement and
                agreement for regular midweek contact and alternate Saturday contact.
31 Mar   2006   Text message from mother to father stating that she was withdrawing all contact until
                ordered by the court.
16 Apr   2006   Father issued contact and parental responsibility application
 3 Jun   2006   Directions: statements, report and review date set
17 Sep   2006   Directions: weekly interim contact (1 hour) as agreed between parties at maternal
                grandmother’s home.
24 Sep
      To 2006   All six ordered sessions of contact took place at maternal grandmother’s home
29 Oct
23 Oct   2006   Extension of time granted for filing of welfare report, 18 December vacated and new
                date for review hearing set for 14 January 2007




                                                                                 V2.1 May 2007
31 Oct     2006    Ms Brown moves out of the area
4 Nov      2006    Text message from Ms Brown to Mr Smith to say there’d be no contact the following
                   day
 6 Nov     2006    Father received letter from mother’s solicitor telling him that she had moved; offering
                   contact once a month and possibly in the future at a contact centre.
12 Nov     2006    Father’s letter proposes contact in a venue local to mother’s new home, along with
                   maternal grandmother’s agreement to supervise such contact (as before when it took
                   place in her home as per the order)
15 Nov     2006    Contact (1 hour) took place at maternal grandmother’s home following offer from
                   mother made by solicitor’s letter.
19 Nov     2006    Father issues application for enforcement of order for weekly contact and variation of
                   the location.
 4 Dec     2006    The CFR, following information from father that contact is not taking place, arranges
                   contact to take place on 10 December at CAFCASS office.




The following 6 pages contain templates for the ‘Preliminary Documents’. Use them or not as
you see fit.


Following these Preliminary Documents is the President’s Practice Direction that defines how
the bundles are prepared and provided.




                                                                                     V2.1 May 2007
                      JOHN SMITH - and – SUSAN BROWN
                           Applicant            Respondent
                               Case No. FD06P02089


(i)

                    BACKGROUND SUMMARY

                             Prepared on: <DD/MM/YY>
                             Hearing date: <DD/MM/YY>


Begin writing your background summary here … try to fit it on a single page.
See [4.2 (i)] in the Practice Direction.




                                                                               V2.1 May 2007
                       JOHN SMITH - and – SUSAN BROWN
                          Applicant        Respondent
                              Case No. FD06P02089


(ii)

                      STATEMENT OF ISSUES

                            Prepared on: <DD/MM/YY>
                            Hearing date: <DD/MM/YY>



        Whether the child’s parenting time with the father should be
         described by:
            (a) a shared residence order
            (b) a contact order


        The quantum of that parenting time
         - the parties’ positions being at the extremes of:
             (c) supervised contact in a centre
             (d) staying contact alternate weekends and half the school
                 holidays




                                                                  V2.1 May 2007
                    JOHN SMITH - and – SUSAN BROWN
                       Applicant        Respondent
                           Case No. FD06P02089

(iii)

                           Father’s
                    POSITION STATEMENT
                         Prepared on: <DD/MM/YY>
                         Hearing date: <DD/MM/YY>


Begin typing here




                                                     V2.1 May 2007
                    JOHN SMITH - and – SUSAN BROWN
                         Applicant            Respondent
                             Case No. FD06P02089


(iv)

                            CHRONOLOGY

                           Prepared on: <DD/MM/YY>
                           Hearing date: <DD/MM/YY>



Sept     1999   Father and mother start a relationship and begin living together

12 Jan   2000   Wayne born. Father present at birth

24 Jan   2000   Mother registers child without informing father

Sep      2002   Mother begins relationship with Lord Whatsup

                Mother makes DV allegation against father. Father arrested but not
Oct      2002
                charged. No further action taken
                Mother leaves family home with child without father’s knowledge and
25 Dec   2002
                without disclosing whereabouts
                Father issues application (C1 &C4) for contact, PR, PSO re removal
8 Jan    2003
                from jurisdiction and disclosure of child’s whereabouts.
                DJ Iyam: PSO granted, 2 hrs contact every Saturday in contact
29 Jan   2003   centre; mother’s address not disclosed; conciliation meetings; review
                fixed for 18 March
                DJ Kynd: contact – collection and return from contact centre,
18 Mar   2003
                extended to 6 hrs each Saturday
23 Mar   To     Three of the 10 contact sessions missed – mother failed to attend.
16 Jun   2003   Claimed child ill on each occasion




                                                                           V2.1 May 2007
                    JOHN SMITH - and – SUSAN BROWN
                       Applicant        Respondent
                           Case No. FD06P02089




                          Father’s
                    SKELETON ARGUMENT
(v)
                         Prepared on: <DD/MM/YY>
                         Hearing date: <DD/MM/YY>


Begin typing here




                                                     V2.1 May 2007
                    JOHN SMITH - and – SUSAN BROWN
                       Applicant        Respondent
                           Case No. FD06P02089


(vi)

                     ESSENTIAL READING

                         Prepared on: <DD/MM/YY>
                         Hearing date: <DD/MM/YY>


Begin typing here




                                                     V2.1 May 2007
   FAMILY PROCEEDINGS : COURT BUNDLES (UNIVERSAL PRACTICE
     TO BE APPLIED IN ALL COURTS OTHER THAN THE FAMILY
                     PROCEEDINGS COURT)

                                                                President’s Direction
                                                                      27th July 2006

1. The President of the Family Division has issued this practice direction to
achieve consistency across the country in all family courts (other than the Family
Proceedings Court) in the preparation of court bundles and in respect of other
related matters.

Application of the practice direction
2.1 Except as specified in paragraph 2.4, and subject to specific directions given in
any particular case, the following practice applies to
    (a) all hearings of whatever nature (including but not limited to hearings in
    family proceedings, CPR Part 7 and Part 8 claims and appeals) before a judge
    of the Family Division of the High Court wherever the court may be sitting;
    (b)   all hearings in family proceedings in the Royal Courts of Justice
    (c) all hearings in the Principal Registry of the Family Division (“PRFD”) at
    First Avenue House; and
    (d) all hearings in family proceedings in all other courts except for Family
    Proceedings Courts.

2.2 “Hearings” includes all appearances before a judge or district judge, whether
with or without notice to other parties and whether for directions or for substantive
relief
2.3 This practice direction applies whether a bundle is being lodged for the
firsttime or is being re-lodged for a further hearing (see paragraph 9.2).
2.4 This practice direction does not apply to:

    (a)  cases listed for one hour or less at a court referred to in paragraph
    2.1(c) or 2.1(d); or
    (b) the hearing of any urgent application if and to the extent that it is
    impossible to comply with it.

2.5 The Designated Family Judge responsible for any court referred to in
paragraph 2.1(c) or 2.1(d) may, after such consultation as is appropriate (but in the
case of hearings in the PRFD at First Avenue House only with the agreement of the




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Senior District Judge), direct that in that court this practice direction shall apply to
all family proceedings irrespective of the length of hearing.
Responsibility for the preparation of the bundle
3.1 A bundle for the use of the court at the hearing shall be provided by the party
in the position of applicant at the hearing (or, if there are cross-applications, by the
party whose application was first in time) or, if that person is a litigant in person,
by the first listed respondent who is not a litigant in person.

3.2 The party preparing the bundle shall paginate it. If possible the contents of the
bundle shall be agreed by all parties.
Contents of the bundle
4.1 The bundle shall contain copies of all documents relevant to the hearing, in
chronological order from the front of the bundle, paginated and indexed, and
divided into separate sections (each section being separately paginated) as follows:
  (a)  preliminary documents (see paragraph 4.2) and any other case
  management documents required by any other practice direction;
  (b)     applications and orders;
  (c)    statements and affidavits (which must be dated in the top right corner of
  the front page);
  (d)     care plans (where appropriate);
  (e)    experts’ reports and other reports (including those of a guardian,
  children’s guardian or litigation friend); and
  (f)     other documents, divided into further sections as may be appropriate.
Copies of notes of contact visits should normally not be included in the bundle
unless directed by a judge.
 4.2 At the commencement of the bundle there shall be inserted the following
documents (“the preliminary documents”):
  (i)    an up to date summary of the background to the hearing confined to
  those matters which are relevant to the hearing and the management of the case
  and limited, if practicable, to one A4 page;
  (ii)   a statement of the issue or issues to be determined (1) at that hearing
  and (2) at the final hearing;
  (iii) a position statement by each party including a summary of the order or
  directions sought by that party (1) at that hearing and (2) at the final hearing;


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   (iv) an up to date chronology, if it is a final hearing or if the summary
   under (i) is insufficient;
   (v)          skeleton arguments, if appropriate, with copies of all authorities relied on;
   and
   (vi)         a list of essential reading for that hearing.

4.3 Each of the preliminary documents shall state on the front page immediately
below the heading the date when it was prepared and the date of the hearing for which
it was prepared.
4.4 The summary of the background, statement of issues, chronology, position
statement and any skeleton arguments shall be cross-referenced to the relevant pages
of the bundle.
4.5 The summary of the background, statement of issues, chronology and reading
list shall in the case of a final hearing, and shall so far as practicable in the case of any
other hearing, each consist of a single document in a form agreed by all parties.
Where the parties disagree as to the content the fact of their disagreement and their
differing contentions shall be set out at the appropriate places in the document.
4.6 Where the nature of the hearing is such that a complete bundle of all
documents is unnecessary, the bundle (which need not be repaginated) may comprise
only those documents necessary for the hearing, but
          (i)   the summary (paragraph 4.2(i)) must commence with a statement that
          the bundle is limited or incomplete; and
          (ii) the bundle shall if reasonably practicable be in a form agreed by all
          parties.

4.7 Where the bundle is re-lodged in accordance with paragraph 9.2, before it is re-
lodged:
          (a)      the bundle shall be updated as appropriate; and
          (b) all superseded documents (and in particular all outdated summaries,
          statements of issues, chronologies, skeleton arguments and similar documents)
          shall be removed from the bundle.
Format of the bundle
5.1 The bundle shall be contained in one or more A4 size ring binders or lever arch
files (each lever arch file being limited to 350 pages).
5.2 All ring binders and lever arch files shall have clearly marked on the front and
the spine:
          (a)      the title and number of the case;


                                                                                    V2.1 May 2007
      (b)    the court where the case has been listed;
      (c)    the hearing date and time;
      (d)    if known, the name of the judge hearing the case; and
      (e) where there is more than one ring binder or lever arch file, a
      distinguishing letter (A, B, C etc).
Timetable for preparing and lodging the bundle
6.1 The party preparing the bundle shall, whether or not the bundle has been
agreed, provide a paginated index to all other parties not less than 4 working days
before the hearing (in relation to a case management conference to which the
provisions of the Public Law Protocol [2003] 2 FLR 719 apply, not less than 5
working days before the case management conference).
6.2 Where counsel is to be instructed at any hearing, a paginated bundle shall (if
not already in counsel’s possession) be delivered to counsel by the person
instructing that counsel not less than 3 working days before the hearing.
6.3 The bundle (with the exception of the preliminary documents if and insofar
as they are not then available) shall be lodged with the court not less than 2
working days before the hearing, or at such other time as may be specified by the
judge.
6.4 The preliminary documents shall be lodged with the court no later than 11
am on the day before the hearing and, where the hearing is before a judge of the
High Court and the name of the judge is known, shall at the same time be sent by
e-mail to the judge’s clerk.
Lodging the bundle
7.1 The bundle shall be lodged at the appropriate office. If the bundle is lodged
in the wrong place the judge may:
      (a)    treat the bundle as having not been lodged; and
      (b)    take the steps referred to in paragraph 12.
7.2 Unless the judge has given some other direction as to where the bundle in
any particular case is to be lodged (for example a direction that the bundle is to be
lodged with the judge’s clerk) the bundle shall be lodged:
      (a) for hearings in the RCJ, in the office of the Clerk of the Rules, Room
      TM 9.09, Royal Courts of Justice, Strand, London WC2A 2LL (DX 44450
      Strand);




                                                                          V2.1 May 2007
      (b) for hearings in the PRFD at First Avenue House, at the List Office
      counter, 3rd floor, First Avenue House, 42/49 High Holborn, London,
      WC1V 6NP (DX 396 Chancery Lane); and
      (c) for hearings at any other court, at such place as may be designated by
      the Designated Family Judge or other judge at that court and in default of
      any such designation at the court office of the court where the hearing is to
      take place.
7.3 Any bundle sent to the court by post, DX or courier shall be clearly
addressed to the appropriate office and shall show the date and place of the
hearing on the outside of any packaging as well as on the bundle itself.
Lodging the bundle – additional requirements for cases being heard at First Avenue
House or at the RCJ

8.1   In the case of hearings at the RCJ or First Avenue House, parties shall:
      (a)     if the bundle or preliminary documents are delivered personally,
ensure that they obtain a receipt from the clerk accepting it or them; and
      (b)     if the bundle or preliminary documents are sent by post or DX,
ensure that they obtain proof of posting or despatch.

The receipt (or proof of posting or despatch, as the case may be) shall be brought
to court on the day of the hearing and must be produced to the court if requested.
If the receipt (or proof of posting or despatch) cannot be produced to the court the
judge may (i) treat the bundle as having not been lodged and (ii) take the steps
referred to in paragraph 12.
8.2   For hearings at the RCJ:
      (a)    bundles or preliminary documents delivered after 11 am on the day
      before the hearing will not be accepted by the Clerk of the Rules and shall
      be delivered:
             (i) in a case where the hearing is before a judge of the High Court,
             directly to the clerk of the judge hearing the case;
             (ii) in a case where the hearing is before a Circuit Judge, Deputy
             High Court Judge or Recorder, directly to the messenger at the
             Judge’s entrance to the Queen’s Building (with telephone
             notification to the personal assistant to the Designated Family Judge,
             020 7947 7155, that this has been done).
      (b)    upon learning before which judge a hearing is to take place, the clerk
      to counsel, or other advocate, representing the party in the position of
      applicant shall no later than 3pm the day before the hearing:


                                                                          V2.1 May 2007
               (i) in a case where the hearing is before a judge of the High Court,
               telephone the clerk of the judge hearing the case;
               (ii) in a case where the hearing is before a Circuit Judge, Deputy
               High Court Judge or Recorder, telephone the personal assistant to the
               Designated Family Judge;
       to ascertain whether the judge has received the bundle (including the
       preliminary documents) and, if not, shall organise prompt delivery by the
       applicant’s solicitor.
Removing and re-lodging the bundle

9.1 Following completion of the hearing the party responsible for the bundle shall
retrieve it from the court immediately or, if that is not practicable, shall collect it from
the court within five working days. Bundles which are not collected in due time may
be destroyed.
9.2 The bundle shall be re-lodged for the next and any further hearings in
accordance with the provisions of this practice direction and in a form which
complies with paragraph 4.7.
Time estimates

10.1 In every case a time estimate (which shall be inserted at the front of the
bundle) shall be prepared which shall so far as practicable be agreed by all parties and
shall:
       (a)      specify separately (i) the time estimated to be required for judicial pre-
       reading and (ii) the time required for hearing all evidence and submissions and
       (iii) the time estimated to be required for preparing and delivering judgment;
       and
       (b)    be prepared on the basis that before they give evidence all witnesses
       will have read all relevant filed statements and reports.
10.2 Once a case has been listed, any change in time estimates shall be notified
immediately by telephone (and then immediately confirmed in writing):
       (a)     in the case of hearings in the RCJ, to the Clerk of the Rules;
       (b)    in the case of hearings in the PRFD at First Avenue House, to the List
       Officer at First Avenue House; and
       (c)     in the case of hearings elsewhere, to the relevant listing officer.
Taking cases out of the list

11   As soon as it becomes known that a hearing will no longer be effective,
whether as a result of the parties reaching agreement or for any other reason, the


                                                                                V2.1 May 2007
parties and their representatives shall immediately notify the court by telephone and
by letter. The letter, which shall wherever possible be a joint letter sent on behalf of
all parties with their signatures applied or appended, shall include:
       (a)    a short background summary of the case ;
       (b)    the written consent of each party who consents and, where a party does
       not consent, details of the steps which have been taken to obtain that party’s
       consent and, where known, an explanation of why that consent has not been
       given;
       (c) a draft of the order being sought; and
       (d) enough information to enable the court to decide (i) whether to take the
       case out of the list and (ii) whether to make the proposed order.
Penalties for failure to comply with the practice direction
12     Failure to comply with any part of this practice direction may result in the
judge removing the case from the list or putting the case further back in the list and
may also result in a “wasted costs” order in accordance with CPR Part 48.7 or some
other adverse costs order.
Commencement of the practice direction and application of other practice directions
13    This practice direction replaces President’s Direction (Family Proceedings:
Court Bundles) [2000] 1 FLR 536 and shall have effect from 2 October 2006.
14     Any reference in any other practice direction to President’s Direction (Family
Proceedings: Court Bundles) [2000] 1 FLR 536 shall be read as if substituted by a
reference to this practice direction.
15     This practice direction should where appropriate be read in conjunction with
President’s Direction (Human Rights Act 1998) [2000] 2 FLR 429 and with Practice
Direction (Care Cases: Judicial Continuity and Judicial Case Management) appended
to the Public Law Protocol [2003] 2 FLR 719. In particular, nothing in this practice
direction is to be read as removing or altering any obligation to comply with the
requirements of the Public Law Protocol.
This Practice Direction is issued:
(i) in relation to family proceedings, by the President of the Family Division, as the
nominee of the Lord Chief Justice, with the agreement of the Lord Chancellor; and
(ii) to the extent that it applies to proceedings to which section 5 of the Civil
Procedure Act 1997 applies, by the Master of the Rolls as the nominee of the Lord
Chief Justice, with the agreement of the Lord Chancellor.

The Right Honourable                                          The Right Honourable
Sir Mark Potter                                                  Sir Anthony Clarke
President of the Family Division &                             Master of the Rolls &
Head of Family Justice                                          Head of Civil Justice


                                                                               V2.1 May 2007

								
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