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18 October 2019 / John O'Hare
Issue: 7861 / Categories: Features , Procedure & practice , Costs
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Disclosure pilot: set to fly in 2021?

John O’Hare provides an overview of changes & duplication to disclosure procedures in the Business & Property Courts
  • An overview of the changes to disclosure procedures in the Business and Property Courts.

In January 2019, a two-year experiment began which affects the procedures for disclosure which have to be followed in most Business and Property Courts cases (ie in the Chancery Division, the Patents Court, the Technology and Construction Court, the Commercial Court and Circuit Commercial Courts, see r.57A.1; but not the Admiralty Court, the Intellectual Property Enterprise Court, cases assigned to the Shorter and Flexible Trial Schemes and other cases excepted from the pilot; see further, PD 51U para 1.4). We believe that this experiment will be a success and therefore, by the end of the year 2021, the pilot will become the standard procedure for most cases in all civil courts. What follows is an overview of the new system, concentrating on the changes from the old. There are also many ways in which the pilot duplicates

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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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