Appeal bundle filed late
I have just noticed that paragraph 6.3 of the Practice Direction 52B - appeals in the County Court and high court says
“6.3 Appeal bundle: As soon as practicable, but in any event within 35 days of the filing of the appellant’s notice, the appellant must file an appeal bundle which must contain only those documents relevant to the appeal. The appeal bundle must be paginated and indexed.”
However, I was not aware of this rule and now it is a lot more than 35 days that I have filed my appellant Notice but I have not yet filed my appeal bundle. Moreover, the court did not contact me to require from me an appeal bundle.
Anyway, I received the transcript which goes into the appeal bundle a lot longer after the 35 days so I could not file my appeal bundle within 35 days also for this reason
I intend to file an appeal bundle because I understand that an appeal bundle is necessary for the judge to decide on papers whether or not to grant me permission to appeal
I would like to know if I have to file an application notice and to pay a court fee to file my appeal bundle after the 35 days or I simply send it by post recorded delivery to the court?
If the rules require you to file a bundle the court does not have to tell you to do so.
The CPR are available for all to read, and you have been aware of their existence for a long time.
You may well need to apply for relief from whatever the sanction is for not filing your bundle on time.
Yes but the rules are very big and I concentrate on the Part 52 of the rules and to the fact that an applicatiion for permission to appeal should be lodge without done within 21 days because it was what the judge told me during the hearing
However, I overoooked the fact that there are Pratice Directions attached to the Part 52 which makes reference to the 35 days deadlien to file an appeal bundle. Moreover the judge did not mention this other delay which is the 35 days to file an appeal bundle
Moreover it not ade reference any reference to this 35 delay in the Appellant Notice
In the mind of people a bundle is more for appeal hearing than for permission to appeal application
I would like to which could be the sanctions and which explanation I can put forward to be releived from them
The Rules are indeed 'big'. If you are to become involved in litigation, you should either employ someone who has studied them, or take the several hours it needs to learn what there is and where to find it.
And may I remind you of the Handbook for Litigants in Person produced by the Judiciary of England & Wales.