If you want a stimulating read today, this article by David Leckie and David Bennet from Clyde&Co would be a good one. This piece covers everything from Brexit to the current pandemic.
Of particular interest to what I do are the comments on disclosure and making it more flexible through the pilot scheme whilst still seeking to maintain a sense of fairness. The models on offer do indeed provide options and therefore flexibility in how you approach disclosure. But that is not limited to which model to use, many of them allow for many nuanced decisions to be made – all of which have potential benefits and consequences. Understanding those and how the choices will translate into results with the real data in question is a key part of the decision making strategy. This is something we are regularly assisting clients with – ensuring that decisions are not made in a vacuum or blindly.
The Disclosure Pilot has now been extended for another year until the end of 2021 so it will be a while before the full results of the scheme are published and potentially adopted in more places.
For more articles on the Disclosure Pilot take a read of the below:
In 2020 the courts in England and Wales have been dealing with two major challenges. What changes have been made to deal with these, and more importantly, are the changes here to stay?