Q&As

In proceedings now subject to the disclosure pilot, statements of case were served in 2018 (ie before the disclosure pilot came into force). Therefore, initial disclosure did not take place within the meaning of CPR PD 51U, although documents have been disclosed in witness statements. In the disclosure certificate, none of the options apply to this scenario. How should the section on initial disclosure be completed?

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Produced in partnership with Oliver Hilton of Radcliffe Chambers
Published on LexisPSL on 23/10/2019

The following Dispute Resolution Q&A produced in partnership with Oliver Hilton of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • In proceedings now subject to the disclosure pilot, statements of case were served in 2018 (ie before the disclosure pilot came into force). Therefore, initial disclosure did not take place within the meaning of CPR PD 51U, although documents have been disclosed in witness statements. In the disclosure certificate, none of the options apply to this scenario. How should the section on initial disclosure be completed?

The new disclosure pilot scheme came into force on 1 January 2019. It is contained in CPR PD 51U, and in effect replaces CPR 31. It applies (i) to existing and new proceedings; (ii) in the Business and Property Courts (B&PCs). For further guidance on where the disclosure pilot scheme applies, see Practice Note: Business and Property Courts—the disclosure pilot scheme, in particular section: Where does the disclosure pilot apply?

CPR PD 51U, para 5 provides for ‘initial disclosure’. In essence, when a party serves a statement of case (save in a Part 8 claim and a Part 7 claim without particulars of claim) it is required to provide a list with copies of:

  1. the key documents on which it has relied (expressly or otherwise) in support of the claims or defences advanced in its statement of case (and including the documents referred to in that statement of case), and

  2. the key documents that are necessary to enable the other parties to understand the claim or defence they have to meet

Initial disclosure may be dispensed with either because the parties agree to dispense with it, the court orders that it was not required or it would involve a party providing more than 1000 pages or 200 documents (CPR PD 51U, para 5.3).

A party may thereafter request ‘extended disclosure’ (CPR PD 51U, para 6.1). That is

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