On 2 November 2017, the E-disclosure working group chaired by Gloster LJ announced the conclusion of its review. In short, wholesale change is required. The working group has suggested a new approach to disclosure and proposes to revise the disclosure rules in their entirety.
These new rules are likely to take effect in a pilot programme to be established in the summer of 2018. It will apply to the vast majority of cases commenced in the Business and Property Courts in London and in several regional centres including Bristol, Cardiff, Birmingham, Manchester and Leeds.
- The perceived problems with the current disclosure rules which required change
- The changes proposed by the pilot programme, including the concept of “Basic Disclosure” which is to be provided at the outset of a case together with pleadings.
- The change in approach and practice required under the pilot programme, including the early adoption of electronic searches and the use of the new Disclosure Review Document.
- The revised menu of disclosure options and the likely approach at CMCs.
- The changes to the cost budgeting regime anticipated by the pilot programme.