7th August 2018
Disclosure is the process in litigation during which the parties disclose to the other parties documents that are relevant to the case. The parties can therefore see evidence that both supports and undermines its case. It very often proves one of the more lengthy, and costly, phases in litigation.
New rules governing disclosure have been announced to operate in the Business and Property Courts that will take effect from 1 January 2019. These new rules aim to tackle the length and cost of disclosure through simplifying the procedure where possible.
The important changes will be:
As always with procedural changes, the proof will be in the pudding to see whether the changes have the desired effect, i.e. the reduction of costs and alleviating the burden of disclosure, or whether they give rise to further arguments that ultimately add to the burden and cost of the process.
The contents of this update are intended as guidance for readers. It can be no substitute for specific advice. Consequently we cannot accept responsibility for this information, errors or matters affected by subsequent changes in the law, or the content of any website referred to in this update. © Mundays LLP 2018.
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