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

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 guidance on the disclosure pilot scheme, see: Disclosure pilot scheme—overview.

Case details and new analysisPrinciple/factsComment
Re CGL Realisations Ltd (formerly Comet Group Ltd) (in liquidation); Carton-Kelly (as liquidator of CGL Realisations Ltd) (in liquidation) v Darty Holdings SAS (as successor to Kesa International Ltd) [2021] EWHC 2395 (Ch)
25 August 2021
See News Analysis: Perspectives on the CPR 51U extended disclosure models in a liquidator’s preference claim (Carton-Kelly v Darty Holdings SAS)
This involved a liquidator’s preference claim and an application was brought to expand the scope of extended disclosure.The judge confirmed that model E for extended disclosure would only be used in exceptional circumstances and that extending the disclosure to this model was inappropriate. While this was in part due to the burdens set out in section 239 of the Insolvency Act 1986, another part of the rationale of that decision was the very short notice being provided for the change.
Axnoller Events Ltd v Brake [2021] EWHC 2250 (Ch)
5 August 2021
See News Analysis: Disclosure
Related documents:

Popular documents