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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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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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