If you want a good view of the Disclosure Pilot Scheme then you should take a read of this by the team at Hausfeld.
Not only does this piece summarise the background and the drivers to the pilot scheme, but it also looks at some recent statistics and suggested amendments too, which I think are really important.
The key here is that as people look at these proposed amendments they consider how they will impact how disclosure is managed.
For more on the Disclosure Pilot take a read of my previous Passle posts below:
The changes proposed by the Disclosure Working Group go some way to resolving the practical difficulties and inevitable teething issues experienced with the Pilot to date. However, beyond the proposed amendments, the more important requirement is to achieve a shift in mindset amongst practitioners. In particular, one of the key aims behind the introduction of the Pilot was to move away from extensive disclosure in all cases to disclosure that is bespoke to the case in question. Such a shift in mindset is extremely difficult to legislate for, and the proposed changes have not sought to tackle the instinctive reaction of many practitioners to seek one of the search-based models of Extended Disclosure under the Pilot rules. It is clear that to bring about real change, the judiciary will need to grasp the issue and challenge parties’ adoption of wide search-based models of Extended Disclosure where appropriate to do so. Whether that will happen remains to be seen.