Disclosure in the B&PCs (PD 57AD): an overview

by Practical Law Dispute Resolution

A Practice note providing detailed guidance on the disclosure regime operating in the Business and Property Courts (B&PCs) of England and Wales under Practice Direction 57AD (PD 57AD). This note charts the evolution of this framework which grew out of the former Disclosure Pilot Scheme (DPS), which was introduced with the objective of achieving a significant culture change encouraging a more proportionate approach to the disclosure process. The note details the scope of PD 57AD, and outlines the specific disclosure duties underpinning the regime, including document preservation duties and duties regarding disclosure of Known Adverse Documents. It then considers Initial Disclosure, the role of (and process for completing) the Disclosure Review Document, the criteria for Extended Disclosure and analysis of the five different available Disclosure Models. It also considers the steps required when providing disclosure, and possible sanctions for failure to comply with the requirements of PD 57AD, as well as options when the other party fails to comply with a disclosure order, or if a party wishes to apply to vary a disclosure order. The note also outlines key features of the simplified Less Complex Claims regime, and sets out the procedural options for seeking Disclosure Guidance. PD 57AD took effect on 1 October 2022, implementing on a permanent basis the procedures that applied, from 1 January 2019 until 1 October 2022, under the Disclosure Pilot Scheme (under what was PD 51U).