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
  • more

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. It is intended to ‘apply across a wide range of cases stretching from the highest value business cases to the lowest value ones, and from the most complex, lengthy and document intensive to the least complex cases with few relevant documents’ (McParland & Partners Ltd v Whitehead).

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.

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