Effective since 1 January 2019, CPR Practice Direction 51U introduced a pilot scheme (the “Pilot Scheme”) changing the operation of disclosure in relation to all proceedings in the English Business & Property Courts (the “Courts”) (subject to certain exceptions).
In an earlier client alert, we explored how the Courts had applied certain of the new concepts introduced by the Pilot Scheme during its first year of operation. This client alert provides a refresher on these concepts and analyses how the Courts have applied them in two significant decisions since our earlier client alert: (i) McParland and Partners Ltd v Whitehead; and (ii) The Commissioners for Her Majesty’s Revenue and Customs v IGE USA Investments Ltd.