The Disclosure Pilot Scheme - The Courts’ Interpretation & Forthcoming Changes

Introduction

The Disclosure Pilot scheme will now run until the end of 2021 in the Business and Property Courts.

As cases under the Disclosure Pilot Scheme progress through the disclosure process, the courts continue to clarify how the rules work and what they expect of parties and their advisors.

Court decisions have criticised the behaviour of some parties and found pragmatic solutions to fill in gaps in the rules on some issues: awareness of these decisions will be vital for those managing cases through the pilot, as will awareness of changes to be made in April 2021.

Many practitioners still have questions about how the pilot works.

• Who do you need to notify to preserve documents and when?
• How should you deal with an opponent who will not engage, or will not agree any proposals?
• What should a List of Issues for Disclosure look like?
• When is it appropriate to use different Disclosure Models for different Issues for Disclosure?
• Is Model D the same as ‘Standard Disclosure’ under CPR Part 31?
• What are a party’s duties in relation to ‘Known Adverse Documents’?

What You Will Learn

This webinar will cover the following:

• How judicial decisions and commentary have interpreted the Pilot Scheme rules and in places filled gaps within it
• How to fulfil the requirement to ‘liaise and cooperate’ with the other side over disclosure
• How to create an effective List of Issues for Disclosure and choose appropriate Models for Disclosure
• What has the feedback from court users been, what clarifications there have been and what changes will be made in April 2021

This webinar was recorded on 14th January 2021