The Great Comeback – Disclosure Pilot Scheme 2.0
April 8, 2021
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April 8, 2021
For further advice please contact us for a consultation.
With the extension of the Disclosure Pilot Scheme (“DPS”) until 31 December 2021 came amendments to the scheme to address feedback received from practitioners by the Disclosure Working Group (DWG).
Governed by Practice Direction 51U (PD 51U), the DPS has been operating in the Business and Property Courts since 1 January 2019 and was introduced with a view to creating a more reasonable, proportionate and cost-effective disclosure process.
However, based on the feedback received from practitioners, the DPS is not achieving its intended goal much of the difficulty highlighted being around the lack of clarity and onerous requirements relating to the disclosure review document (“DRD”).
From 6 April 2021, amendments to PD51U will come into effect to address this feedback; but, what has changed and what impact do we expect these changes to have?
With initial disclosure obligations, the DPS has made disclosure more front-loaded. With disclosure costs being incurred at a far earlier stage of the litigation process (along with, for example, fees for solicitors’ advice as well as the court’s fees for issue), the DPS can make issuing a claim an arduous and expensive process. However, the added flexibility and opportunity to dispense with the Lists of Documents is a welcome amendment for parties who wish to alleviate some of this initial cost pressures.
With respect to any extended or further disclosure, there is often greater expense still. This is particularly true with document-heavy or very complex litigation (for example, when agreeing the issues and search parameters). This is largely due to the detailed nature of the DRD, which itself has become a contentious document which was never the intention of the new disclosure rules.
That said, we hope that these changes, in particular, the flexibility around the DRD requirements and increased assistance and guidance from the courts, will assist parties with streamlining the preliminary stages of disclosure and help focus the disclosure process without the additional costs burden for clients.
Dispute Resolution Partner
E: philip.rubens@gunnercooke.com
M: +44 (0) 757 210 4690
Dispute Resolution Associate
E: andre.yeghiazarian@gunnercooke.com
M: +44 757 210 4690