The team at Morgan Lewis comment on the latest changes to the Disclosure Pilot Scheme (DPS) here. David Waldron and Edward Cook make some useful points around the changes. Their final paragraph regarding the future of DPS certainly rung true to us here at A&M. They explain that “there is no doubt that there is opportunity for further refinement of the new rules and the recent volume of case law concerning the Disclosure Pilot Scheme—primarily focused on the list of issues for disclosure—is testament to the number of wrinkles that require ironing out if the Disclosure Pilot Scheme is to cement itself as a more efficient and proportionate procedural framework for tackling disclosure.”
Certainly, as our research earlier this year found, some serious questions still remain about whether the pilot will become a permanent enforcement….. After all, 70% of respondents to our DPS survey judged that the scheme was not fit for purpose, with almost all respondents (97%) expressing dissatisfaction with aspects of the pilot.
Let’s watch and see how this develops.
The Disclosure Pilot Scheme was initially envisaged as a two-year pilot, but has since been extended twice and, following the most recent update, is due to finish at the end of 2022. It is anticipated that there will be a further consultation with court users and the judiciary before the scheme finishes.