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Disclosure Pilot—early disclosure; interaction between the court’s case management powers under CPR 3.1(2)(m) and PD51U (Patisserie Holdings v Grant Thornton)

Published on: 18 November 2021
Published by: LexisPSL
  • Disclosure Pilot—early disclosure; interaction between the court’s case management powers under CPR 3.1(2)(m) and PD51U (Patisserie Holdings v Grant Thornton)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case Details

Article summary

Dispute Resolution analysis: The Disclosure Pilot is a self-contained code for disclosure of documents that heralds a more proportionate and lower cost approach to disclosure. Although the court’s general case management powers under CPR 3.1(2) are wide and in principle confer power on the court to order disclosure of specific documents, that power should be exercised in accordance with the framework set out in CPR PD 51U, and not as a freestanding power untrammelled by the constraints imposed by the Disclosure Pilot. Para 5.11 of CPR PD 51U (which provides that the court may, whether or not there has been initial disclosure, order a party to disclose documents to another party where that is necessary to enable the other party to understand the claim or defence it has to meet or to formulate a defence or a reply) is to be construed narrowly and does not extend to documents that a party requires in order to formulate its own case. Para 9.4 of CPR PD 51U (which provides that the court may order extended disclosure in stages) could not be invoked before an order for extended disclosure had been made. Written by David Fisher, a barrister and associate member of New Square Chambers. or take a trial to read the full analysis.

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