Disclosure Scheme—Extended Disclosure
Published by a LexisNexis Dispute Resolution expert
Practice notesDisclosure Scheme—Extended Disclosure
Published by a LexisNexis Dispute Resolution expert
Practice notesThis 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:
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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
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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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