Disclosure in the B&PCs: a guide to the Disclosure Review Document (DRD)

by David Bridge, Senior Professional Support Lawyer, Disputes and Investigations, Simmons & Simmons LLP

A Practice note that provides practical guidance on the Disclosure Review Document (DRD) under Practice Direction 57AD (PD 57AD), the disclosure regime for the Business and Property Courts. This Practice note explains the purpose and structure of the DRD, which is a key document when parties seek search-based Extended Disclosure using Models C, D, or E. It outlines how the DRD facilitates communication between parties and informs the court's decisions at the Case Management Conference (CMC). Guidance is provided on completing each section of the DRD, including defining the Issues for Disclosure, proposing appropriate disclosure models, and detailing data sources and search methodology. The note also addresses the simplified DRD for Less Complex Claims (LCCDRD) and highlights the critical duty of co-operation between legal advisers. It explores key case law and timing considerations, providing practical tips to help practitioners navigate the process efficiently and avoid potential sanctions for non-compliance.