NEW DISCLOSURE SCHEME IN THE BUSINESS AND PROPERTIES COURTS: USEFUL LINKS AND GUIDANCE

The Disclosure Pilot Scheme for the Business and Properties Courts commences on the 1st January 2019.  Here are some links to guides, written by practitioners,  to the practical impact of the Pilot Scheme.

THE RULES AND PRACTICE DIRECTIONS

• The Draft Practice Direction and other documentation are available here. 

GUIDANCE

• Michael Wheater and Charles Raffin of Hardwicke  The Disclosure Pilot: time to get ready
• Out-law England and Wales pilot can make disclosure ‘more intelligent, tailored
• Herbert Smith Freehills  TWO-YEAR PILOT OF NEW DISCLOSURE RULES TO COMMENCE 1 JANUARY 2019
• CDR  Disclosure in English civil litigation: A new dawn?
• Calibrate Law It’s Time to Talk About Disclosure.
• Mondaq  UK: Litigation And ADR Procedure News For In-House Lawyers: UK Construction Focus – December 6, 2018
• Taylor Wessing  New disclosure rules in the TCC – Will they change the way construction disputes are managed?
• Walker Morris  Disclosure: Important changes to procedure and practice
• Lewis Silkin Major overhaul to disclosure coming: are you ready?
• Brown Jacobson  disclosure rule changes – are you ready?

OLDER DOCUMENTS

I covered the proposals last November. These are links from 2017.

THE CAUSE FOR CONCERN

The issues of concern  were 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

COMMENTARY

• 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