Disclosure Review Working Group Publishes Summary Of Stakeholder Survey Results

The Disclosure Review Working Group (DRWG), which is considering the potential simplification of disclosure rules for the Business and Property Courts, has today published a brief update on progress, including a summary of the stakeholder survey it conducted earlier in the year.

The update states that the DRWG aims to produce proposals for the simplification of the regime under Practice Direction 57AD, with a view to reducing complexity, front-loading and cost, but will not be recommending a simple return to Part 31 of the Civil Procedure Rules (which continues to govern disclosure in cases falling outside the PD 57AD regime). 

In its previous update (which we reported on here) the DRWG noted that the majority of survey respondents did not agree that the reforms in PD 57AD had been a success. The summary now published adds further detail, indicating that only 19% of respondents agreed or strongly agreed that the reforms had been a success, while 64% disagreed or strongly disagreed, and only 13% supported retaining the regime essentially as it is. A key concern was the cost of the regime, with 67% of respondents expressing the view that the proportion of total case costs attributable to disclosure had increased under PD 57AD. 

The summary also reports positive views, however, with a number of benefits identified including better tailoring of disclosure to the type and size of case, greater accuracy, and earlier engagement between parties. Support was expressed for retaining the obligation to disclose known adverse documents, and initial disclosure was also seen as having value in appropriate cases.

According to the update, the DRWG hopes to be able to consult on a series of recommendations later this year or early next year.