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Disclosure pilot: set to fly in 2021?

18 October 2019 / John O'Hare
Issue: 7861 / Categories: Features , Procedure & practice , Costs
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John O’Hare provides an overview of changes & duplication to disclosure procedures in the Business & Property Courts
  • An overview of the changes to disclosure procedures in the Business and Property Courts.

In January 2019, a two-year experiment began which affects the procedures for disclosure which have to be followed in most Business and Property Courts cases (ie in the Chancery Division, the Patents Court, the Technology and Construction Court, the Commercial Court and Circuit Commercial Courts, see r.57A.1; but not the Admiralty Court, the Intellectual Property Enterprise Court, cases assigned to the Shorter and Flexible Trial Schemes and other cases excepted from the pilot; see further, PD 51U para 1.4). We believe that this experiment will be a success and therefore, by the end of the year 2021, the pilot will become the standard procedure for most cases in all civil courts. What follows is an overview of the new system, concentrating on the changes from the old. There are also many ways in which the pilot duplicates or expressly applies the current system (Pt 31); for example,

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