Litigation Notes

Disclosure Pilot Scheme to take effect as permanent new Practice Direction from 1 October 2022, with no substantial changes

The Disclosure Pilot Scheme, which has been operating in the Business and Property Courts since January 2019, is to be incorporated into the Civil …

High Court orders broad "train of inquiry" (or Model E) disclosure on key issue in dispute

In a recent decision, the High Court has made a rare order for disclosure to be given under Model E of the Disclosure Pilot at PD51U - ie old-fashioned …

High Court considers whether "Issues for Disclosure" under the Disclosure Pilot must be issues pleaded in the parties' statements of case

In a recent decision the Technology and Construction Court has held that, in most cases, the Issues for Disclosure under Practice Direction 51U (the …

High Court finds accountants’ investigation report not protected by litigation privilege and considers requirements for obtaining disclosure under the Disclosure Pilot

The High Court has granted an application by a claimant state for orders that the defendant bank disclose an accounting firm’s investigation report (and …

Disclosure Pilot to be extended for a further year and the procedures streamlined

High Court confirms jurisdiction to order disclosure under Disclosure Pilot Scheme not confined to issues identifiable from statements of case

The High Court has confirmed that it has jurisdiction to order disclosure of specific documents under the Disclosure Pilot Scheme, even where the …

Commercial litigation podcast series – Episode 4: General update

Article published - Disclosure Pilot Scheme: a potential way forward?

Judicial Update on operation of the Disclosure Pilot Scheme

Commercial Court 125 virtual seminar: insights on virtual hearings, the disclosure pilot and witness evidence reform

Disclosure pilot scheme extended to the end of 2021

Commercial litigation podcast series – Episode 3: General update