PROPOSED NEW RULES FOR DISCLOSURE: LINKS AND COMMENTARY
There is a consultation process going on at present in relation to disclosure.
The issues of concern are summarised in the Briefing Note
“(i) Since the CPR came into force 18 years ago the volume of data that may fall to be disclosed has vastly increased, often to unmanageable proportions. The hope that the standard disclosure test introduced in the CPR would reduce the volume of disclosure, and its cost, has not been fulfilled.
(ii) Although the 2013 Jackson reforms set out a broad menu of disclosure options, which range from no disclosure at all, to disclosure by issue, through to very wide disclosure, the reality is that neither the profession, nor the judiciary, has adequately utilised the wide range of alternative orders added as CPR 31.5(7). Standard disclosure has remained the default for most cases.
(iii) The existing rule is conceptually based on paper disclosure and is not fit for purpose in dealing with electronic data.
(iv) Disclosure orders are not sufficiently focused on the issues.
(v) There is often inadequate engagement between the parties before the first CMC in relation to disclosure; and
(vi) Searches are often far wider than is necessary.”
DOCUMENTS FROM THE COURTS
- From the Courts and Tribunals Judiciary Disclosure: Proposed Pilot Scheme for the Business and Property Courts
- The Briefing Note
- Chris Dale A proposed new disclosure rule for England and Wales
- Herbert Smith Freehills – Working Group Proposes Pilot of New Rules for Disclosure.
- Freshfields Bruckhaus Deringer Civil litigation disclosure: the reforms are revealed
- Pinsent Masons Disclosure rules set for overhaul to cut costs and complexity
- The Barrister Re-writing the rules on disclosure for civil litigation: proposed pilot scheme announced
- Legal Business Reforms attempt to curb Rolls-Royce disclosure as litigation costs spiral upwards