Q&As

CPR PD 51U provides for the court to make an order varying an order for extended disclosure, following an application by a party that is supported by a witness statement. Can the parties seek such a variation by consent and, if so, what would the process be?

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Published on LexisPSL on 04/12/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • CPR PD 51U provides for the court to make an order varying an order for extended disclosure, following an application by a party that is supported by a witness statement. Can the parties seek such a variation by consent and, if so, what would the process be?

CPR PD 51U provides for the court to make an order varying an order for extended disclosure, following an application by a party that is supported by a witness statement. Can the parties seek such a variation by consent and, if so, what would the process be?

CPR PD 51U sets out the new Disclosure Pilot that applies to certain claims issued in the Business and Property Courts of England and Wales.

At CPR PD 51U, para 1, it is noted that the new scheme arises due to concerns that the Civil Procedure Rules had failed to introduce a more proportionate, economical and efficient approach to disclosure.

CPR PD 51U provides for two stages to disclosure: initial disclosure and extended disclosure. Initial disclosure, as the name would suggest, occurs at the outset of the claim at the same time as filing and serving the particulars of claim.

Extended disclosure can be obtained either in addition to or in place of initial disclosure. Orders for extended disclosure will commonly arise at the first case management conference in a claim and will follow one of the five disclosure models set out at CPR PD 51U, para 8.

This Q&A is concerned with the issue as to whether parties can seek to modify orders for extended disclosure made by the court, and the correct procedure in seeking such a modification.

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