School of Law

Disclosure Pilot in the Business and Property Courts

The Disclosure Pilot in the Business and Property Courts of England and Wales commenced on 1 January 2019. The Pilot, which is governed by the provisions of PD 51U, is ‘intended to effect a culture change. The Pilot is not simply a rewrite of CPR Part 31. It operates along different lines driven by reasonableness and proportionality’: UTB LLC v Sheffield United Ltd [2019] EWHC 914 (Ch) [75] (per Sir Geoffrey Vos, Chancellor of the High Court).

Moreover, it is intended to be a ‘living pilot’, whereby feedback and comments received from those who are involved in the Pilot will be closely taken account of by the Disclosure Working Group, and where necessary, amendments to the content of PD 51U may be made as the Pilot progresses.

The Official Monitor of the Pilot is Professor Rachael Mulheron, Professor of Tort Law and Civil Justice, School of Law, Queen Mary University of London.  To date, Prof Mulheron has produced the following Interim Reports to the Disclosure Working Group:

  1. A Study of the CE File and Court Processes(First Interim Report, dated 26 March 2019); and
  2. An Empirical Study(Second Interim Report, dated 1 July 2019).

As the Disclosure Pilot nears the end of its first year of operation, Professor Mulheron has prepared a Questionnaire to assist with the monitoring exercise. For those who have had experience of the Pilot (no matter how large or how small), you are invited to take the opportunity to provide feedback on your experiences, by completing the Questionnaire to the extent that you are able to do so.

Questionnaire and submission

The Disclosure Pilot in the Business and Property Courts Questionnaire [DOC 25KB]

Responses to the Questionnaire are kindly requested by Friday 15 November 2019. Please send these to Professor Rachael Mulheron: r.p.mulheron@qmul.ac.uk.

All responses will be anonymised, collated and summarised by Professor Mulheron, and that collation and summary will then be provided to the Disclosure Working Group as part of the Third Interim Report of the Disclosure Pilot Monitoring. It is anticipated that the Third Interim Report will be completed by the end of 2019.