This is an interesting article and update on the Disclosure Pilot Scheme by Penrose Foss from Clyde & co.
It’s good to see this is still on the agenda and people are continuing to think about how to improve and make the system work – something we have been thinking about a great deal in light of our upcoming DPS report. More on this soon…
The author acknowledges that the pilot scheme is causing problems – makes it ‘costly and time consuming’ with all the correspondence trying to get parties agreed.
From our perspective the key to success has been the early engagement with experts on eDisclosure matters, as this helps ensure that the IT infrastructure is fully understood and appreciated when determining how to approach eDisclosure decisions and documents. Likewise, another key element of success (in my opinion and that of those in our study) revolves around the appropriate use of technology to ensure that the process is managed as efficiently and effectively as possible.
It is a continuing work in progress…. but progress nonetheless! And I agree with the author’s conclusion: “There is an expectation that the pilot scheme is likely to be extended again, beyond December 2021, with more amendments and improvements likely.” Given the results of our survey we did around DPS, then this does seem wise.
The original pilot scheme rules have also been clarified by the courts in several recent cases, with the courts seeking to ease the burden on parties which some of the new rules had introduced.