header-logo header-logo

05 May 2023 / Natalie Osafo , Joseph Rossello
Issue: 8023 / Categories: Features , Profession , Disclosure , CPR
printer mail-detail

All change on disclosure?

120980
The new landscape for disclosure: Natalie Osafo & Joseph Rossello set out best practice, the court’s expectations & what lies ahead
  • Recent guidance indicates that the courts expect increased cooperation from parties on disclosure.
  • Judges are imposing tougher sanctions on parties who do not comply with the disclosure rules.
  • A cultural change in parties and lawyers’ approach to disclosure is needed to ensure the UK remains attractive for litigating disputes.

The new rules in Practice Direction 57AD (CPR PD 57AD) are now a permanent fixture of the UK’s disclosure regime.

As we make headway into 2023, now is an apt time to review what the courts expect from parties litigating cases under the new regime. Under the pilot scheme, practitioners were given the benefit of the doubt if they breached the rules. But since the Chancellor of the High Court Sir Julian Flaux gave detailed guidance in January on CPR PD 57AD, we are already seeing judges respond with more severe sanctions for any deliberate

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
back-to-top-scroll