Business and Property Courts—the disclosure pilot scheme
Business and Property Courts—the disclosure pilot scheme

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Business and Property Courts—the disclosure pilot scheme
  • Introduction
  • Where does the disclosure pilot apply?
  • When does the disclosure pilot apply?
  • Conflict with existing rules and application to existing proceedings
  • Key changes to disclosure
  • Considerations regarding known adverse documents
  • Preservation of documents
  • Initial disclosure
  • Before the CMC—disclosure review document, proposals for extended disclosure, and list of issues for disclosure
  • Extended disclosure
  • The extended disclosure models
  • Completing and filing the disclosure review document
  • Estimate of costs in the disclosure review document
  • Process after an order for extended disclosure
  • Complying with an order for extended disclosure or initial disclosure
  • Failure to comply with disclosure obligations or order for disclosure
  • Documents discovered after disclosure—duty to inform court and other parties
  • Documents referred to in evidence
  • Collateral use of documents
  • Specific disclosure and the disclosure pilot scheme
  • Litigants in person—special considerations
  • CMCs that take place in the early stages of the disclosure pilot scheme — special considerations
  • Advising your client on the disclosure pilot scheme
  • Feedback on the disclosure pilot scheme

Introduction This Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The disclosure pilot scheme was introduced to address the perceived excess cost, scale and complexity of the disclosure process. CPR PD 51U not only contains the disclosure rules governing the pilot scheme, but also the Disclosure Review Document (Appendix 2 to CPR PD 51U), the Certificate of Compliance (Appendix 3 to CPR PD 51U,) and the Disclosure Certificate (Appendix 4 to CPR PD 51U). These documents can also be found in the orange speech bubble on the right-hand side. Appendix 2 to PD 51U—Disclosure Review Document PDF FormatAppendix 3 to PD 51U—Certificate of Compliance PDF FormatAppendix 4 to PD 51U—Disclosure Certificate PDF Format For a timetable that sets out the main steps regarding disclosure to be taken in proceedings that fall within the disclosure pilot, see Checklist: Timetable for disclosure—Business and Property Courts disclosure pilot. For guidance on costs recovery when dealing with proceedings under the disclosure pilot scheme, see Practice Note: Disclosure pilot scheme—costs recovery. Where does the disclosure pilot apply? The mandatory pilot scheme applies across the Business and Property Courts in the Rolls Building in London and in Bristol, Cardiff, Birmingham, Manchester, Leeds, Newcastle and Liverpool. From the commencement date (1 January 2019), the pilot applies to existing and new proceedings (see also below). The pilot does not apply