Disclosure Review Working Group considering simplification of PD 57AD disclosure regime following survey

It has today been announced that the judiciary-led Disclosure Review Working Group (DRWG) is to consider simplifying the disclosure rules for the Business and Property Courts under Practice Direction (PD) 57AD following a survey of legal sector stakeholders (outlined in our previous blog post here).

As stated in the DRWG's press release, the survey received 215 responses. The majority of respondents did not agree with the statement that the reforms in PD 57AD had been a success. Concerns were expressed that the regime had led to increased costs, had increased the burden on the courts, and had not achieved a culture change involving greater cooperation between the parties. The majority of respondents considered that changes were necessary – though some aspects of PD 57AD were considered helpful, including initial disclosure and the disclosure of known adverse documents.

The DRWG is chaired by Mr Justice Butcher and includes other members of the judiciary (Mr Justice Waksman, Mr Justice Cawson, Mr Justice Birt and Master Kaye) as well as barristers and solicitors including Maura McIntosh from Herbert Smith Freehills Kramer. The full list is in the press release linked above.

As reported in the press release, the initial view of the DRWG is that simplification of the existing regime under PD 57AD is desirable and that it should look at proposals to achieve that aim. It will consult on its proposals before finalising any recommendations.