Is it appropriate for a tribunal to limit the size of a bundle as part of its case management powers?
Yes, beyond doubt, held the Employment Appeal Tribunal in Miron v Adecco.
The EAT's observations were made in the context of dismissing an appeal against an employment judge for apparent bias - one of the (many) alleged grounds of bias was that limits imposed on the trial bundle size, and length of witness statements, were indicative of bias. The judge was based in the South West region which has, for many years, routinely imposed strict limits on bundle sizes and witness statement lengths (a practice more recently adopted by one or two other regions).
Emphasising that the limits on bundle sizes are matters for the wide case management discretion vested in judges, the EAT stated:-
"64. ...I reject as wholly unarguable the Claimant’s proposition that limitations on the size of hearing bundles and witness statements are antithetical to the right to a fair trial. Indeed, by focusing the minds of the parties on the relevant issues and evidence, such limits may serve to ensure the fairness of a hearing."