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Legal Update

Consultation opens on proposed reforms to litigation disclosure in England & Wales

17 November 2017
Mayer Brown Legal Update

The ability to obtain an order that a party disclose documents which are adverse to its case is one of the factors that makes litigation in this jurisdiction attractive. However, "Standard Disclosure" in the age of electronic data can add significantly to the time it takes for a case to come to trial, as well as to the cost of the litigation. Further, some practitioners consider that the current Disclosure regime operates in such a way that litigants risk being swamped with disclosed documents which are at best of marginal relevance. In response to these types of concerns, a working group chaired by Lady Justice Gloster was set up last year to consider proposals for reform of the Disclosure rules.

In November 2017, the judiciary published proposals for a new Disclosure rule. The deadline for comments on the proposals is 28 February 2018 and the intention is that the proposed scheme will be submitted to the Civil Procedure Rules Committee for review and approval in March/April 2018, with a two year pilot to commence in the Business & Property Courts as soon as possible after that.

Authors

  • Susan Rosser
    T +44 20 3130 3358
  • Mark Stefanini
    T +44 20 3130 3704
  • Craig Holburd
    Associate
    T +44 20 3130 3806
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