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ARTICLE · 21 MAY 2018

Shake Up In Disclosure Rules

Mishcon de Reya LLP
Mishcon de Reya LLP
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Mishcon de Reya LLP

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Disclosure is a critical phase in litigation during which the parties provide documents to one another and the court that are relevant to the case.

United KingdomCorporate/Commercial Law
Jessie Bridgett
Jessie Bridgett

Disclosure is a critical phase in litigation during which the parties provide documents to one another and the court that are relevant to the case. As the process has become increasingly time-consuming and expensive for parties, the judiciary is proposing a major overall to common practice.

What has happened?

In May 2016, a Disclosure Working Group was created in response to criticism from court users and legal professionals regarding the excessive costs, scale and complexity of disclosure.

The group found that disclosure in the electronic age was becoming unmanageable. They proposed significant changes to common practice and sought views on their proposals in a consultation which closed on 28 February 2018.

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