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22 October 2020 / Tracey Stretton , Mark Surguy
Issue: 7907 / Categories: Features , Profession , Disclosure , E-disclosure
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A step (change) in the right direction?

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The Disclosure Pilot Scheme: an analysis of eDisclosure trends in England and Wales by Tracey Stretton, Mark Surguy and Johnny Shearman

In brief

  • It is not until cases started under the Pilot conclude, that the true cost impact of the new disclosure regime can be measured.
  • The extension of the Pilot does not imply that the Pilot will result in a permanent change to the rules.

The Disclosure Pilot Scheme, operating in the Business and Property Courts of England and Wales, aims to bring about a change in attitudes towards disclosure. With the news of its extension to the end of 2021 the publication of the Third Interim Report (the Interim Report) (https://bit.ly/3jeGoox) of the Pilot’s official monitor Professor Rachael Mulheron as well as the Disclosure Working Group’s proposed revisions to the Pilot (https://bit.ly/31kyLH1), it is worth considering any emerging views regarding its effectiveness in achieving its stated aim. Whilst the Interim Report has only recently been published it

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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