UTB LLC v Sheffield United: Standard Disclosure Under The Pilot Scheme

Chancellor of the High Court considers the scope of the disclosure pilot scheme and privilege issues

An order for standard disclosure was made in these proceedings before 1st January 2019, when the disclosure pilot scheme commenced. The defendant then sought further disclosure of various documents (eg one of the defendant's assets and liabilities). Both parties had initially assumed that CPR r31 continued to apply to that application. The Chancellor of the High Court has now held that that was not correct and that the position is as follows: "Plainly, it is one thing to say that a pre-existing order will not be disturbed by the commencement of the Pilot, and quite another to say that the Pilot is not applicable to any proceedings where a disclosure order has already been made. Only the first is correct".