Jackson Outlines Disclosure "Menu" Proposals

Following Jackson LJ's Final Report (published in December 2009), a new Practice Direction 31B to the Civil Procedure Rules was introduced in October 2010, aimed at streamlining the disclosure process by obliging the parties to consider, discuss and agree where possible at an early stage how electronic disclosure should be carried out. Jackson LJ's Final Report also recommended further changes that have not yet been implemented, including the introduction of a menu to give the courts the option of moving away from the existing standard disclosure obligations to more tailored obligations.

Civil Procedure Rule 31 contains the existing standard disclosure obligation, which is to disclose only the documents on which a party relies, and the documents which either adversely affect his own case; adversely affect another party's case; or support another party's case.