Georgina Squire is optimistic about the process of disclosure post-Jackson
As of 1 April 2013, standard disclosure is no longer the default provision in most multi-track cases. With disclosure often being the most expensive and time consuming part of the litigation process, this should be welcome news to litigants and solicitors alike. The recent decision in West African Gas Pipeline Company Limited v Willbros Global Holdings Inc. [2012] EWHC 396 (TCC) highlighted the significant issues encountered in the disclosure process, especially in high value claims involving e-disclosure. The new rules aim to tackle these problems by introducing stricter case management in the disclosure process.
No longer one size fits all
It is clear from the new rules that disclosure can no longer be said to be a “one size fits all” exercise. CPR 31.5(7) provides a menu of options for disclosure. The underlying objective of any order made by the court is the need to limit disclosure to that which is necessary to deal with the case justly. Gone are the days of disclosing every document in case it may be relevant. There
