Relief and procedural signposting - Authorities list and bun...

Learning Outcomes

After reading this article, you will know how to compile and present an accurate authorities list and paginate a bundle. You will also understand procedural relief available for bundle or listing mistakes, and how to provide signposts to the court and parties. This knowledge will help you avoid procedural errors and optimise case presentation as required on the SQE2.

SQE2 Syllabus

For SQE2, you are required to understand the practical rules and procedures regarding relief from procedural errors, preparation and use of authorities lists, and proper bundle pagination and signposting during hearings. In your revision, focus on:

• The function and requirements of an authorities list in written and oral advocacy.
• Proper pagination of bundles, including numbering systems and indexing.
• The available relief for mistakes or omissions in bundle preparation or listing (e.g. late authorities, pagination errors).
• The importance of procedural signposting in court submissions and when addressing bundles or authorities.
• Best practice for providing clear references and directions for the court and other parties.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. What is the main purpose of an authorities list, and when must it be produced?
2. Why is bundle pagination important, and what is generally required in terms of pagination?
3. How would you seek relief if you realise, on the day of hearing, that a key authority has been omitted from your authorities list?
4. Give one practical method for directing the judge to a passage in your bundle during a hearing.

Introduction

Procedural presentation of authorities and bundles is tested in SQE2 through both written and oral submissions. Effective advocacy involves more than knowledge of the law—it requires clear procedural signposting so that the judge and other parties can follow your references easily. Ineffective or ambiguous signposting can cause significant disadvantage, confusion, and even adverse costs orders.

The authorities list and bundle pagination help the court understand the material relied upon, save time, and prevent unnecessary difficulties at a hearing. However, procedural mistakes can occur, such as missed authorities or poor pagination. Knowing the remedies and best practices will improve your performance in both written and oral advocacy.

Compiling an Authorities List

The authorities list sets out the cases, statutes, and secondary sources an advocate intends to rely upon. It ensures transparency and allows the court and other parties to follow legal submissions without delay.

Key Term: Authorities List
An itemised document listing all case law, legislation, or secondary material to be referred to during a hearing, submitted in advance and usually in a specified format.

Authorities lists typically include neutral citations, names of cases in the correct order, and precise references (volume, page, paragraph) for each authority. In the civil courts, the authorities list is often required shortly before a hearing, as set out in relevant practice directions and pre-trial orders.

Worked Example 1.1

You are instructed in a fast track trial and required to submit your authorities list two days in advance. What must be listed? How should you format it?

Answer:
List each case you intend to refer to (including full neutral citation and a short title), statutes by section/chapter, and any secondary sources. Use the specified format (see relevant Practice Direction), and number authorities.

Key Term: Bundle
A consecutively paginated collection of court documents (including statements, evidence, and authorities) produced for use at a hearing.

Bundle Pagination and Indexing

Bundle pagination means assigning each page in the hearing bundle a unique, consecutive page number and providing a corresponding index.

Key Term: Pagination
Systematic numbering of bundle pages in order from start to finish, allowing precise direction to any document, tab, or passage by all parties.

Consecutive pagination allows quick reference—there is no ambiguity over where a particular piece of evidence or authority can be found.

Bundles should usually include:

• A cover page summarising the contents.
• An index listing documents (and authorities if in the same bundle) with page numbers and tabs.
• The authorities section, with its own index if necessary.

Exam Warning Failing to paginate or index a bundle may result in refusal to proceed, wasted costs, or an adjournment. Always cross-check finalized bundles and lists against the court’s requirements.

Procedural Relief—Correcting Errors

Procedural mistakes can and do occur. Common errors include omission of an authority, poor pagination, or referencing a document not included in the bundle.

If errors are identified before the hearing, notify all parties and the court immediately, submitting corrected documents. If an authority is omitted, you can seek relief (permission to rely upon the authority despite the mistake).

Key Term: Procedural Relief
Discretionary permission by the court to cure a procedural defect (e.g., late addition of a missing authority or correction of bundle errors).

Courts are guided by the overriding objective (CPR 1.1) and relevant case management powers (CPR 3.1). The primary consideration will be fair disposal of the case, balanced against possible prejudice to the other side (e.g., late notice).

Worked Example 1.2

During an interim application, you realise your authorities list omits a key case. The hearing is about to start. What do you do?

Answer:
Notify the judge and other parties as soon as possible. Provide a copy of the authority if not already included in the bundle. Ask permission to rely on it, explaining the reason for omission and why the authority is important. The court will consider prejudice and fairness when deciding whether to grant relief.

Procedural Signposting in Court

Procedural signposting is the active guidance you give to the court to indicate exactly where to find your supporting evidence, authority, or bundle material. This is essential for efficient advocacy and a smooth hearing.

Key methods include:

• Citing precise page and tab numbers when referring to documents or authorities.
• Indicating paragraph numbers or using highlighters/flags if permitted by the court.
• Including cross-references in written submissions (e.g., "See tab 3, page 45, paragraph 7").
• Updating the court immediately about any bundle changes or pagination corrections before submissions begin.

Revision Tip Always review the final version of your authorities list and bundle in detail before the hearing. Create your own signposting index or summary if needed.

Worked Example 1.3

You are asked by the judge to direct him quickly to the part of the bundle containing a witness's key statement about a disputed fact. What do you say?

Answer:
"May I direct you to tab 2 of the bundle, page 37, paragraph 4, where the relevant statement is located." Confirm everyone is referring to the identical version and pagination.

Summary Table: Pagination and Relief

Key Point Checklist

This article has covered the following key knowledge points:

• The authorities list ensures transparency and court efficiency; it must include all planned references.
• Bundle pagination means assigning consecutive numbers to all bundle pages and creating an accurate index.
• If mistakes are discovered, the court has discretion to allow late correction or inclusion (procedural relief), assessing fairness and prejudice.
• Procedural signposting involves clearly directing the court and parties to precise bundle locations during submissions.
• Always check court rules or directions for required formats and procedural deadlines for preparing authorities lists and bundles.

Key Terms and Concepts

• Authorities List
• Bundle
• Pagination
• Procedural Relief