Effective from 1 January 2019, Practice Direction 51U introduced a two-year pilot scheme (the “Pilot Scheme”) that changed how disclosure operates in relation to all proceedings (subject to certain exceptions) in the English Business & Property Courts (the “Courts”). The Pilot Scheme aims to address longstanding concerns over the substantial cost, scale and complexity of disclosure under the previous regime (CPR Part 31), in part brought about by the wide prevalence of “standard disclosure” orders. The Courts have confirmed that the purpose of the Pilot Scheme is not to simply rewrite the mechanics of disclosure under the CPR Part 31 regime; rather, it is “to effect a cultural change” by directing disclosure specifically to defined issues in dispute and ensuring that the scope of disclosure is not wider than is reasonable and proportionate in order to resolve the issues in dispute fairly. To this end, the Pilot Scheme crucially requires the parties “to cooperate so as to promote the reliable, efficient and cost-effective conduct of disclosure”.
The Pilot Scheme is just over halfway through its pilot period and, given it appears likely to stay in force after the pilot period lapses (and indeed it is expected that CPR Part 31 may be revised accordingly in due course), its reception and application by the Courts to date warrants meaningful consideration by practitioners and (potential) litigants.
Please click here to read the full client alert, The Disclosure Pilot Scheme: One year on
