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05 August 2026
Issue: 8173 / Categories: Legal News , Disclosure , Procedure & practice , Technology , CPR
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Disclosure regime costly & complex

Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year

The judiciary-led Disclosure Review Working Group published a summary last week of the results of its survey of court users earlier this year. As stated in its May update, the majority of respondents did not consider the reforms, introduced in the Business and Property Courts (B&PCs) in 2022, a success.

However, the summary sheds light on what works, what doesn’t and what improvements can be made.

Overall, there was ‘substantial dissatisfaction’ with PD 57AD ‘as presently operating’. The ‘dominant concerns were cost, complexity and proportionality’, with repeated concerns raised about ‘increased costs, front-loading, disputes about the disclosure review document, disagreement over issues and models for disclosure, satellite disputes, and the difficulty of achieving genuine cooperation in an adversarial process’. Some respondents thought the regime poorly suited to ‘smaller, less complex, property or litigant-in-person cases’.

Fewer than one in five respondents thought the regime a success. Barristers were the most negative about it. Some 40% supported a return to CPR Part 31, while 48% disagreed.

While costs comparisons between the old and new regimes are difficult to make, 67% of respondents said costs for disclosure had increased. More than one third of these said the increase was more than 25%. Reasons given included preparation of the disclosure review document, and greater involvement of counsel and senior lawyers in disclosure work.

Respondents liked PD 57AD’s support for early understanding of the case and that it allows light-touch disclosure where appropriate. One third of respondents thought technology-assisted review (TAR) and/or use of artificial intelligence (AI) should be mandatory above a certain threshold.

The working group concluded the ‘most obvious reform themes are simplification of the disclosure review document, reduction or reframing of the disclosure models, clarification of Model C and narrative documents, improvement of the list of issues process, clearer cooperation mechanisms, clarification of certificate and preservation obligations, possible use of specialist disclosure support, and clearer guidance on TAR and AI’.

MOVERS & SHAKERS

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
Arbitration may be private, but its confidentiality is no impenetrable shield. Writing in NLJ this week, James Glaysher of Kingsley Napley examines when courts will permit arbitral material to surface in open litigation
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

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