Use of Electronic Common Bundles and Casebooks

The 2019 High Court Practice Note on the use of electronic common bundles and electronic casebooks in both the civil and criminal jurisdictions in the High Court came into force on 14 March 2019.  It revokes the 2016 practice note and makes the following changes:

  • Definitions, clause 2.2 – the definition of casebook is now inclusive;
  • Clause 2.5 – the relevant case management conference is the one in which trial directions are made;
  • Default directions, 2.7(2)(b) – revises a reference to the Senior Courts Civil Electronic Document Protocol; and
  • Default directions, 2.7(2)(d) – is new.  Parties who file and serve the bundle or casebook must ensure the software used is capable of accepting additional material that may be introduced during the trial.

The Senior Courts Civil Electronic Document Protocol should also be noted.  The Protocol is intended to encourage and facilitate the use of electronic case books and sets out the requirements counsel must follow in creating and amending casebooks.  The profession, in conjunction with judges, is to run courses with lawyers to upskill them.

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