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Peter Collins
Peter Collins,
Category: European Law
Satisfied Customers: 8554
Experience:  Barrister at Self Employed
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Sending Court. I have an upcoming Court Hearing in 2 weeks.

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Sending Court Bundle. Hello, I have an upcoming Court Hearing in 2 weeks. I prepared my Bundle and emailed it to the Other Side 14 days before the hearing. The Bundle is nearly 100 pages long. I just found out that in order to exchange a bundle electronically the other side has to agree. Do I need to post a paper copy? Will the other side complain that they did not receive the emailed Bundle? Will I run out of time if I now need to post it? I just want to make sure that my Bundle is accepted in time for the hearing.

Good morning.

My name is ***** ***** I'm a barrister. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Customer: replied 2 months ago.
Waiting for your reply..

In this day and age it is normal to exchange electronically. Yes you have to agree to this but the court will also be reasonable if you are getting a wall of silence from the other side.

I would suggest that you follow up with an email (with a read receipt) stating that as you have not heard from them to the contrary, that you will take a lack of reply to indicate that they have accepted service electronically, stating that you can provide a paper copy if required but that you will need sufficient notice to prepare and post this ahead of the court hearing.

Attach the bundle again to this email too.

The read receipt (provided they do read the email) should be sufficient to show you have done what is required of you in terms of service.

I trust that this assists?

Customer: replied 2 months ago.
Thanks. I sent the document electronically today and it is exactly 14 days before the hearing

Happy to help. in that case if you follow up with an email as suggested then I would say you have fulfilled the obligation to serve the bundle on the other side. Perhaps in this case if you state that you will need a reply within 48 hours if they are no happy to accept electronic service, then you would have a paper copy to them in a matter of days.

I hope that this clarifies the point?

Customer: replied 2 months ago.
Thank you!

My pleasure.

Peter Collins and other European Law Specialists are ready to help you

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter

Customer: replied 2 months ago.
Hi Peter, a follow up question if I may. The other side has not replied and has not sent the court bundle within the timeframe. What to do? Do I just turn up at hearing?

Of course.

You could notify the court that you have not received the bundle from the other side.

You will still need to attend the hearing but if bundles have still not been sent then I imagine the hearing may have to be adjourned - they should face wasted costs for this though if you have been put to expense.

Customer: replied 2 months ago.
Would they be able to apply for a stay? Can I apply for defence to be struck off since there is no bundle?

Yes you could apply for the defence to be struck out due to lack of evidence in support, if they appear on the day, still with no bundle.