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20 February 2020 / Georgina Squire
Issue: 7875 / Categories: Features , Procedure & practice , Disclosure
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The Disclosure Pilot Scheme: a smooth take off?

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Georgina Squire charts the progress of the use & application of the new disclosure regime
  • Over a year into the pilot, we explore some of the judgments which have provided some useful direction on its application.

The Disclosure Pilot Scheme was introduced into the Business and Property Courts in January 2019 to explore the viability of a simpler and more cost-effective disclosure regime. Implemented through CPR Practice Direction 51U, the pilot uses a two-part system of Initial Disclosure and Extended Disclosure to limit the search terms and the volume of documents requiring review and disclosure. Initial Disclosure requires that parties only disclose the key documents on which they rely and those which are necessary to understand the claim. In order for a party to obtain additional documents, it must request Extended Disclosure from the court using one the five predetermined Disclosure Models.

The pilot received almost immediate clarification on its applicability to existing cases in White Winston Select Asset Funds LLC v Mahon [2019] EWHC 1014 (Ch). A standard disclosure order had been made

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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