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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll