Disclosure Scheme—Extended Disclosure

Published by a LexisNexis Dispute Resolution expert
Practice notes

Disclosure Scheme—Extended Disclosure

Published by a LexisNexis Dispute Resolution expert

Practice notes
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This Practice Note considers Extended Disclosure under the Disclosure Scheme in the Business and Property Courts (B&PCs) under CPR PD 57AD. It explains what Extended Disclosure is, how to obtain Extended Disclosure, the court’s considerations when making an Extended Disclosure order, including the concept of ‘reasonable and proportionate’ and the different Extended Disclosure Models A, B, C, D and E.

The Disclosure Scheme came into force on 1 October 2022 following a disclosure pilot scheme. Judgments under the pilot scheme retain relevance and are included below.

What is Extended Disclosure?

The general (expected) process for disclosure under the Disclosure Scheme is:

  1. first, Initial Disclosure, when statements of case are served and potentially a request for further ‘additional disclosure’ (see Practice Note: Disclosure Scheme—Initial Disclosure); and then

  2. second, prior to the first Case Management Conference (CMC), the parties are to discuss and try to agree what, if any, Extended Disclosure (by way of Extended Disclosure Models A, B, C, D or E (or a combination thereof)) may be required

Extended Disclosure is not a requirement and therefore

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Jurisdiction(s):
United Kingdom
Key definition:
Simplified procedure definition
What does Simplified procedure mean?

A shortened procedure for divorce (sometimes referred to as DIY divorce) that may be adopted where certain criteria are satisfied, including that there are no children of the marriage (or family in the case of civil partnership) and neither party seeks to apply for financial provision. Where the simplified procedure isn’t used, the non-simplified procedure will be adopted.

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