This Practice Note summarises the rules governing disclosure in IP disputes. It focuses on the disclosure scheme set out in CPR PD 57AD (and the previous disclosure pilot governed by CPR PD 51U) and explains how it applies to proceedings in the general Intellectual Property List in the Chancery Division of the High Court. It also considers the disclosure rules which apply in the Patents Court sub-list (including the modifications set out in CPR 63.9 and CPR PD 63, paras 6.1–6.3) and the specific disclosure regime in the Intellectual Property Enterprise Court (IPEC) sub-list, and how such rules relate to the disclosure scheme set out in CPR PD 57AD. It contains practical tips on complying with the duty to preserve documents, planning the scope of the search exercise, dealing with confidential documents and privilege. Disclosure in IP proceedings—the framework Disclosure in the Business and Property Courts is generally governed by CPR PD 57AD. CPR PD 57AD came into force on 1 October 2022. It is substantially in the form of (and replaces) CPR PD 51U, which brought

Introduction This Practice Note sets out the disclosure requirements for claims allocated to the intermediate track, including the rules and guidance applicable where the claim form was issued on or after 1 October 2023. Note: This Practice Note does not intend to cover the claims that are subject to the Disclosure Scheme in the Business and Property Courts. For general guidance on the Disclosure Scheme, see: Disclosure Scheme (Business & Property Courts)—overview. For general guidance on the disclosure process in relation to the other tracks, see Practice Notes: • Disclosure in the small claims track • Disclosure in fast track cases • Disclosure in multi-track cases The scope of a claim in the intermediate track The intermediate track claim was introduced from 1 October 2023 for cases that are more complex than those suitable for the fast track, but not as complex as those requiring multi-track case management. These claims range between £25,000 and £100,000 and are not overly complex and can be resolved within

Introduction This Practice Note sets out the disclosure requirements for claims allocated to the multi-track. It also provides guidance on the interpretation and application of the relevant provisions of the Civil Procedure Rules (CPR) and should be read in conjunction with: Disclosure under CPR 31—pre-action considerations—checklist and Disclosure considerations under CPR 31 after proceedings have started—checklist. For general guidance on disclosure, see: Disclosure—overview. Note: This Practice Note does not intend to cover the claims that are subject to the Disclosure Scheme in the Business and Property Courts. For general guidance on the Disclosure Scheme, see: Disclosure Scheme (Business & Property Courts)—overview. For general guidance on the disclosure process in relation to the other tracks, see Practice Notes: • Disclosure in the small claims track • Disclosure in fast track cases • Disclosure in intermediate track cases The scope of a claim in the multi-track The multi-track is designed for more complex cases, involving intricate legal or factual issues that require extensive case management. The court provides

The Home Office has published Jonathan Fisher KC’s independent review of disclosure and fraud offices report, 'Disclosure in the Digital Age'. The review highlights the challenges posed by the rapid increase of digital material in criminal investigations, particularly in serious and complex cases. It explains how this surge has significantly burdened law enforcement agencies, prosecutors, and criminal courts. In response, Jonathan Fisher KC has proposed 45 recommendations addressing the impact of the disclosure regime across the criminal justice system. His key recommendations for reform include modernising existing legislation and reducing administrative burdens through the use of advanced technology, improving criminal court processes by considering a new intensive disclosure regime court pathway for the most complex criminal cases and enhancing the quality of disclosure by establishing a new national learning standard for all law enforcement agencies.

Dispute Resolution analysis: The High Court has clarified the test governing applications pursuant to CPR 31.12 for specific disclosure in the context of jurisdiction challenges. Mr Justice Dias re-affirmed that the appropriate test remains the two-stage test set out in Rome v Punjab National Bank, and rejected the submission that a separate test of ‘exceptional circumstances’ applies. However, in that context, the court emphasised that disclosure must be both proportionate and targeted, and cautioned against allowing jurisdiction applications to evolve into ‘mini-trials’. Written by Alexandra Prato, associate at RPC.

Prosecution disclosure is fundamental in an adversarial criminal justice system where the power to investigate lies with the police and other enforcement bodies. The regime for disclosure in England and Wales is contained in the Criminal Procedure and Investigations Act 1996 (CPIA 1996) with relevant procedural requirements set out in Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909 and the Criminal Practice Directions. The legislative regime has been supplemented by disclosure guidelines, including the Attorney General's Guidelines on Disclosure, the CPIA 1996 Code of Practice, and by protocols from the judiciary such as the Better Case Management Revival Handbook and the Control and management of heavy fraud and other complex criminal cases. Note that certain criminal cases are managed via Common Platform (the digital case management system for the magistrates’ court). In these cases, the Initial Details of the Prosecution Case (IDPC) and other case material will be served and accessed online through Common Platform. Case progression, including completing the Preparation for Effective Trial form (PET form) and serving any applications, will

This Practice Note sets out the disclosure requirements for all claims that are allocated to the small claims track. For general guidance on disclosure, see: Disclosure—overview. Note: this Practice Note does not intend to cover the claims that are subject to the Disclosure Scheme in the Business and Property Courts. For further guidance on the Disclosure Scheme, see: Disclosure Scheme (Business & Property Courts)—overview. For general guidance on the disclosure process in relation to the other tracks, see Practice Notes: • Disclosure in fast track cases • Disclosure in intermediate track cases • Disclosure in multi-track cases The scope of a claim in the small claims track Claims on the small claims track are known as ‘small claims’. The small claims track is specific for claims for under £10,000. For more guidance on cases allocated to and proceeding on the small claims track, see Practice Note: Small claims track—case management. Disclosure in the small claims track Claims under the small claims track are governed

A letter written by the seller (or sometimes the seller’s solicitors) to the buyer which sets out the disclosures. The draft disclosure letter will be continually updated throughout the transaction but will ultimately be finalised and dated at exchange. The seller may be permitted to make further disclosures at completion if there is a gap between exchange and completion and the SPA/APA states that the warranties are deemed to be repeated at completion.

PRIVATE & CONFIDENTIAL [insert name and address of client] [insert date] Dear [insert name] The court has now given directions to the parties setting out the steps required as your claim proceeds. The first such step involves the parties giving disclosure of relevant documents. I must draw up on your behalf, in a prescribed form, a list of all the documents you have, or have had, in your control that are relevant to any of the issues in your claim. I am required to file the signed list with the court and to serve it on the defendant on or before [insert date]. The defendant must, by the above date, likewise file with the court and serve on us a list of all documents the defendant has, or has had, which are relevant to any of the issues in your claim. This letter explains what disclosure is, the various stages involved and your disclosure obligations throughout the litigation. Disclosure—meaning and purpose Disclosure is the procedural

[ headed notepaper of the managers ] For the attention of [insert name of contact at the Investor] [insert name of Investor] [insert address] [insert day and month] 20[insert year] Dear [insert name of Investor contact], Investment Agreement relating to [insert company name] [Limited] (Company) We refer to the Investment Agreement (Agreement) to be entered into today, between the Company, [ourselves OR [insert name of the Manager[s]]] (Manager[s]) and [you OR [insert name of Investor]] (the Investor). Words and expressions which are defined in the Agreement shall have the same meanings in this letter, unless the context otherwise requires. This letter, together with all the information in schedule 1 (Schedule 1), and the information in the documents deemed annexed to it or actually annexed to it as listed in schedule 2 (Schedule 2) (copies of which have been initialled for the purposes of identification on behalf of the Parties (Disclosure Bundle)), constitute the Disclosure Letter referred to in the Agreement. In it we formally disclose to the Investor information, facts and circumstances which are inconsistent with, and are therefore deemed to accordingly qualify, the Warranties

[TO BE PRINTED ON THE Headed notepaper of the seller] For the attention of [insert buyer contact name] [insert buyer name] [insert buyer address] [insert day and month] 20[insert year] Dear [insert buyer contact name], Sale of the business of [insert description of the target business] operated by [insert seller(s) name] (the Business) We refer to the sale and purchase of the Business pursuant to an agreement (the Agreement) to be entered into today, between [insert seller(s) name] (the Seller[s] and [insert buyer name] (the Buyer). Words and expressions which are defined in the Agreement shall have the same meanings in this letter, unless the context requires otherwise. This letter, together with all the information in schedule 1 (Schedule 1), and the information in the documents deemed annexed to it or actually annexed to it as listed in schedule 2 (Schedule 2) (two copies of which have been initialled for the purposes of identification on behalf of the Parties (the Disclosure Bundle)), constitutes the disclosure letter referred to in the Agreement (the Disclosure Letter). In it we formally disclose to the Buyer information,

[TO BE PRINTED ON THE Headed notepaper of the seller] For the attention of [insert buyer contact name] [Insert buyer name] [Insert buyer address] [insert day and month] 20[insert year] Dear [insert buyer contact name], Sale of [the entire issued OR a substantial part of the] share capital of [insert company name][Limited] (the Company) We refer to the sale and purchase of [the entire issued OR a substantial part of the] share capital of the Company pursuant to an agreement (the Agreement) to be entered into today, between [insert seller(s) name(s)] (the Seller[s]) and [insert buyer name] (the Buyer). Words and expressions which are defined in the Agreement shall have the same meanings in this letter, unless the context requires otherwise. This letter, together with all the information in schedule 1 (Schedule 1), and the information in the documents deemed annexed to it or actually annexed to it as listed in schedule 2 (Schedule 2) (two copies of which have been initialled for the purposes of identification on behalf of the Parties (the Disclosure Bundle)), constitutes the disclosure letter referred to in the Agreement (the