Disclosure pilot scheme—illustrative decisions
Disclosure pilot scheme—illustrative decisions

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

  • Disclosure pilot scheme—illustrative decisions

This Practice Note sets out a selection of illustrative cases from January 2019 relevant to the disclosure pilot scheme in the Business and Property Courts governed by CPR PD 51U. It is intended to provide an illustration of the diverse range of factual scenarios and issues that may arise under the pilot scheme.

For further guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme.

Case detailsJudgment dateTopicSummary
Pipia v BGEO Group Ltd (formerly known as BGEO Group plc) [2021] EWHC 86 (Comm)20 January 2021Meaning of ‘control’On an application to vary an extended disclosure order made under the disclosure pilot scheme, the court was asked whether disclosure should be given in respect of—(a) material held on the mobile phones of two of the defendant’s key witnesses, and (b) emails held by the defendant. Even though those individuals were not parties to the proceedings, and the phones were private property, the defendant had a contractual relationship with one of the witnesses under which it had the right to access information on the phone. The court held that disclosure could be ordered viz—that phone as the information was in the defendant’s control, but that was not the case for the second witness. The argument in respect of the emails failed as

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