The regime introduced in 2022 by Practice Direction (PD) 57AD replaced a process that was thought to lack structure, leaving parties swamped by ever-escalating volumes of documents and a time-consuming rigmarole of chasing information from opponents. It provides for early disclosure of key documents and requires parties to demonstrate they have talked directly to each other, remotely or in person, to seek agreement rather than relied on letters and emails. Parties can choose from five separate models of disclosure.
Where cases are likely to involve several thousand documents, parties must consider using technology assisted review (TAR) or other review tech.
The aim of PD 57AD was to save costs, increase accuracy of disclosure, reduce the burden on courts and improve cooperation among litigants. However, a survey of firms, chambers, solicitors, barristers, judges and e-disclosure providers suggests the opposite has occurred.
The majority of the 215 respondents did not agree the reforms had been a success. They expressed concerns the reforms led to increased costs, increased the burden on the courts, and failed to achieve a culture change with regard to cooperation between parties.
Nevertheless, the majority thought some parts of PD 57AD were helpful, including initial disclosure and the disclosure of known adverse documents.
The survey was commissioned by the judiciary-led Disclosure Review Working Group (DRWG), convened in 2024 to look into the reforms.
In a statement last week, the Judicial Office said: ‘Having considered the survey results, the initial view of the DRWG is that simplification of the existing regime under PD 57AD is desirable and that it should look at proposals to be made to the Civil Procedure Rules Committee to achieve that aim. The DRWG will consult on its proposals before finalising any recommendations.’
