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Changes to rules for disclosure of documents in Business and Property Courts now in force

In July 2021, the Disclosure Working Group proposed a series of changes to the Disclosure Pilot operating in the Business and Property Courts of England & Wales. Those changes came into force on 1 November 2021 as part of the 136th update to the Civil Procedure Rules. 

The key changes, summarised in my post from 30 July, include:

  • The introduction of a lighter touch process for "Less Complex Claims";
  • Reducing the scope of the court's involvement in assisting the parties to agree and meet their disclosure obligations; 
  • Streamlining certain aspects of the staged regime;
  • The addition of guidance around the use of Model C disclosure; and
  • The inclusion of express recognition that disclosure in multi-party cases may warrant a bespoke approach. 

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litigation, commercial and technology