Thought-provoking piece in Law360 all about the disclosure pilot scheme ending and going mainstream. Christopher Boyne, Julia Caldwell and Emma Laurie-Rhodes of Debevoise & Plimpton LLP make some insightful points and cover off some of the key features of the new directive.
In the piece, they specifically look at multiparty litigation - something that is of particular interest to me. They explain: “There is no one-size-fits-all approach that will work for all multiparty claims. Directions for disclosure will need to be considered together with other case management directions that should, in accordance with the overriding objective, lead to cost and time savings.”
We’ll, of course, be watching how the new Practice Direction 57AD plays out. For more on what we’ve been saying about it all, take a look at our paper here.
The pilot was first introduced in the Business and Property Courts from Jan. 1, 2019, with a view to bringing the principles of reasonableness and proportionality to the forefront of the disclosure process. Despite these lofty goals, and although the pilot has survived its trial period, it has not been fully embraced by the profession as solving the problems that often arise in large-scale disclosure exercises. Notably, it has not replaced the standard disclosure rules that apply in other courts.
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