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tribunal papers - indexing
i’d forgotten how dire it is to be presented with a bundle of paginated documents but with no index! to the extent that I’ve just done one for the bundle i’m currently looking at.
if i presented an un-indexed bundle to a court i would be thoroughly told off by disgruntled judge, and rightly so…...
I’ve had an interesting battle with HMCTS over what happens when they do genuinely large print appeal papers i.e. when the papers remain A4 but the font size means that what’s page 10 in the ordinary bundle might be page 15 in the large print.
There was two other issues to the above in that they also managed to order the ordinary papers differently to the large print and exclude some evidence from one bundle as well but let’s put that aside for a second.
HMCTS can’t see a problem. I made an observation, not unlike your own, that presenting a bundle with an index which bore no relationship to the actual numbering of documents would not be accepted in a court and I couldn’t think why it would be accepted by a tribunal. The documents in question only had 11 items to list, so it was hardly onerous (unless you can’t count to 10).
The solution was, as ever, novel. Judge directed that an electronic version be provided. This of course could be used on a tablet and magnified as appropriate. Not an ideal solution (for me) but one that most people would understandably see as within a range of reasonable responses.
So, roll up to the appeal with an iPad Pro and, sure enough, not allowed to use a device during the hearing!!! Just as well I had planned sufficiently to have A4 and A3 versions in paper form as a backup. This of course is HMCTS. Moving (in the sense of having the turning circle of a dredger) towards online hearings!!!
Sigh.
So, roll up to the appeal with an iPad Pro and, sure enough, not allowed to use a device during the hearing!!! Just as well I had planned sufficiently to have A4 and A3 versions in paper form as a backup. This of course is HMCTS. Moving (in the sense of having the turning circle of a dredger) towards online hearings!!!
Sigh.
really?
A good few years ago i went to tribunal with a palm pilot and keyboard on which to take notes. whilst i was asked what it was and why, i was allowed to.
these days, no one bats an eyelid in court when we have our laptops taking notes (or tablet, whatever) and i am exceedingly surprised that a tribunal would object.
particularly where its a question of reasonable adjustments (i would make that point as i hurt my right wrist in an rta and consequentially need to type, not write….)
cue a JR…..
Tribunal venue has two fantastic posters. One is about the lack of a TV licence and all the things you can’t do in the venue in consequence. The other details how electronic devices are banned and I think one if them also makes reference to it being a criminal offence to film or photograph within the venue.
HMCTS - gearing up for the future… but only if the future is 1971.
The other details how electronic devices are banned and I think one if them also makes reference to it being a criminal offence to film or photograph within the venue.
true re film & photography of course - but in court we can take our laptops and use them (even to show a judge a film of e.g. an accident). plus judges have their own laptops, and i do believe in some ahead of the game courts (technology & construction) they’ve got as far as electronic bundles…..
HMCTS - gearing up for the future… but only if the future is 1971.
but only in court, not tribunal…
think representations required on this, then…
I thought the offence was in the court and not the building. One of the signs I saw referred explicitly to it being an offence to take a photograph in the tribunal building!
Can’t say I was convinced by the TV licence argument on a different poster either. The poster mentions but fails to emphasise “plug in”. Provided you don’t plug in and have your own licence then all is well.
And yes, representations will be made but statement of reasons first 😊
i think the offence is in court but that’s taken to be the whole building - but we all take our phones in willy nilly (can just imagine the riots amongst the legal profession if we were deprived of our phones). and that’s nothing to do with using e.g. ipad to read docs for those needing to, or take notes, or whatever other adjustment one needs…
we’ve gone off topic as well!