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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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