Disclosure pilot scheme in the Business and Property Courts—frequently asked questions [Archived]
Disclosure pilot scheme in the Business and Property Courts—frequently asked questions [Archived]

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

  • Disclosure pilot scheme in the Business and Property Courts—frequently asked questions [Archived]
  • When and where does the disclosure pilot scheme apply?
  • Will the disclosure pilot scheme apply to proceedings that are currently ongoing/were commenced before January 2019?
  • I have a case that is currently subject to the ordinary disclosure rules but will be subject to the disclosure pilot from January. What should I be thinking about?
  • The case management conference in my case is likely to take place in early 2019. Should I comply with the disclosure pilot scheme provisions in advance of January 2019?
  • My client has received a letter of claim, and it is likely that the claim will be brought in 2018, but a defence is unlikely to be due until early 2019. Does that mean that no initial disclosure will be due with the particulars of claim, but will be required for the defence?
  • Do I need to change my approach regarding document preservation now?
  • I am advising a client who is considering starting proceedings which would be subject to the disclosure pilot scheme—should the client issue now or maybe wait until January?
  • I don’t have a case that will be subject to the disclosure pilot scheme, but what can I do to prepare for future cases?

ARCHIVED: This Practice Note has been archived and is not maintained. A new mandatory two-year disclosure pilot scheme will take place from January 2019 in the Business and Property Courts, governed by the provisions of the new CPR PD 51U. However, practitioners will need to consider the provisions of the disclosure pilot now and possibly take measures before next year when dealing with current or threatened proceedings. These FAQs cover some of the practical issues practitioners might face in the run up to the disclosure pilot scheme before January 2019.

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

When and where does the disclosure pilot scheme apply?

From 1 January 2019, the mandatory disclosure pilot scheme will apply across the Business and Property Courts in the Rolls Building in London and in Bristol, Cardiff, Birmingham, Manchester, Leeds, Newcastle and Liverpool. There are certain exceptions, such as for competition claims—for more details see Practice Note: Business and Property Courts—the disclosure pilot scheme—‘Where will the disclosure pilot be rolled out?’.

Will the disclosure pilot scheme apply to proceedings that are currently ongoing/were commenced before January 2019?

Yes—the disclosure pilot scheme will apply to existing proceedings. This means that should your current case be subject to