The Disclosure Pilot Scheme for the Business and Property Courts in England and Wales, known as Practice Direction 51U (PD51U), is now permanently incorporated within the Civil Procedure Rules under ‘Practice Direction 57AD’.
PD57AD has replaced PD51U and contains some minor changes (subject to Ministerial approval), including that:
- it does not apply to claims proceeding under Part 8 unless otherwise ordered.
- the disclosure of “adverse” documents includes disclosing such documents irrespective of whether the issue to which it relates was an agreed issue for disclosure.
- the duty to disclose “adverse” documents at the relevant time exists regardless of whether any order for disclosure is made.
- a party may propose Model C for its own disclosure.
- a certificate of compliance is not required where a disclosure review document has been dispensed with in accordance with the relevant rule.
- a legal representative may sign a disclosure certificate on behalf of their client, provided the legal representative has explained the importance of the disclosure certificate to their client and has received written authority to sign the same. If this process is followed, it will bind the client to the contents of the certificate as though they signed it themselves.
- less complex claims are claims worth less than £1 million (previously less than £500,000)
One of the most astute appointments I have ever made.A company director