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Specific disclosure and the disclosure pilot—High Court applies CPR PD 51U as if standard disclosure order were an order for extended disclosure (Brearley v Higgs & Sons (a Firm))

Published on: 05 March 2020
Published by: LexisPSL
  • Specific disclosure and the disclosure pilot—High Court applies CPR PD 51U as if standard disclosure order were an order for extended disclosure (Brearley v Higgs & Sons (a Firm))
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: Falk J sitting in the High Court considered an application by the defendant for specific disclosure against the claimants. Before considering the application, Falk J had to first consider the application of CPR PD 51U which had been introduced in the Business and Property Courts on 1 January 2019. In this case the order for standard disclosure was made before CPR PD 51U had come into effect and the application for specific disclosure was made after it had come into effect. The court held that the best way to make the new rules work effectively was to apply CPR PD 51U as if the existing standard disclosure order were an order for extended disclosure. Written by Niamh McKay an associate at Lee Bolton Monier-Williams. or take a trial to read the full analysis.

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