Need to file an appeal bundle, even though a trial bundle contained the same documents
PD52B paras 6.3 and 6.4 provide that an appellant must file an appeal bundle (containing the documents listed in that direction) within 35 days after the filing of the appellant’s notice. In this case, an unless order was also made by the court. However, the appellant’s solicitors failed to comply, and argued that the court already had the relevant documents because the appeal bundle would have consisted of the papers which had already been included in the trial bundles. The appeal was struck out (the judge pointing out that an appeal bundle is required “to enable the court to pick up the case without having to rummage through the file and find individual documents”). The appellant sought relief from sanctions and that was refused.
An appeal against that decision has now been dismissed. Applying the principles established in Denton v TH White (Weekly Update 26/14), Supperstone J held that the breach was serious and significant and the appellant did not have a good reason for the default. The purpose of PD52B is “to assist the orderly conduct of appeals throughout the appeals process”. The judge was also entitled to have regard to the merits of the appeal itself when considering “all the circumstances of the case”.