PJSC Tatneft v Bogolyubov: Commercial Court judges orders list
of issues for disclosure ahead of pilot scheme
One of the changes being introduced by the Disclosure Pilot
Scheme, which comes into force on 1st January 2019, is the need to
produce a List of Issues for Disclosure. Issues for Disclosure will
be those issues in dispute which the parties consider will need to
be determined by the court with some reference to contemporaneous
documents in order for there to be a fair resolution of the
proceedings. Not every issue in dispute will therefore be included
in this List.
In this Commercial Court case, a List of Common Ground and
Issues was produced in accordance with the Commercial Court Guide,
setting out the main issues of fact and law in the case. One of the
issues in this case was whether the issues should be further
clarified through an amendment to the List of Common Ground and
Issues. The defendant argued that the list of issues is a reference
point both
