The Family Procedure Rule Committee ('Committee') is consulting on a new draft Practice Direction 27A. Practice Direction 27A sets out universal practice in respect of court bundles in family proceedings in the High Court and the Family Court.
The Committee’s aim is for a new PD27A to reflect the fact that electronic bundles are commonly used now in most family proceedings and also to bring into PD27A provisions which are currently made in judicial guidance. This guidance includes the General Guidance on electronic court bundles (29 November 2021), the Guidance on e-bundles for use in the family court and Family Division (21 December 2021) and the Statement on the Efficient Conduct of Financial Remedy Proceedings in the Financial Remedies Court (11 January 2022).
A key purpose is to ensure clarity on the process and consistency across how bundles are formulated. The Committee intends for the new PD27A to be a comprehensive source of requirements for the preparation of bundles in family proceedings, with which anyone preparing a bundle is able to comply, providing in-depth guidance on the preparation of bundles, including in relation to the content, structure, filing and service of bundles, whether electronic (“e-bundles”) or paper.
The consultation documents sets out 10 questions on which the Committee is particularly interested in hearing views.
The main amendments that will be of interest to Expert Witnesses would appear to be:
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4.2 The list of documents that must not be inserted in the bundle.
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The draft PD drawing a distinction between (a) financial remedy proceedings (see Chapter 5) and (b) all other proceedings (see this Chapter 6).
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5.2 The more detailed requirements which apply to a bundle, including expert reports, for a hearing in proceedings for a financial remedy.
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6.2 The more detailed requirements which apply to a bundle, including expert reports, for a hearing other than for a financial remedy.
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5.3(d) and 6.3(e) Removal of the specific references to reports of a "guardian" and "litigant friend" which are set out in the existing PD 27A 4.2.
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10 The format of e-bundles.
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11 The format of paper bundles.
Note, the draft new PD27A would not amend the existing limit of 40 pages for an expert report and 4 pages for the report's executive summary.
The deadline for responses is 21 October 2024, with the new PD27A coming into force by Spring 2025. The EWI may provide a response to the consultation and would welcome the views of members at policy@ewi.org.uk to help inform the response.