Disclosure under PD 57AD (disclosure scheme)—guidance on extended disclosure applications (AmTrust v Endurance)
Dispute Resolution analysis: The Court of Appeal has clarified the proper approach to extended disclosure applications under CPR Practice Direction 57AD, holding that judges must not pre-determine contested legal issues when assessing relevance. In allowing AmTrust’s appeal, the court confirmed that pre-contractual communications may be disclosable where incorporation or construction of insurance policies remains disputed, even where formal policy documents appear comprehensive. The decision provides important guidance on the disclosure scheme’s application in complex insurance disputes, particularly those involving professional indemnity coverage, ATE insurance, and claims under the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010). The judgment emphasises that CPR PD 57AD’s proportionality objectives cannot justify filtering disclosure through premature legal assessments, ensuring parties have access to potentially relevant material for trial. Written by Ben Amoah, Dispute Resolution knowledge lawyer at Farrer and Co LLP.