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Proposed disclosure pilot scheme for the Business and Property Courts - Law Society response

5 March 2018

The Law Society has responded to the Disclosure Working Group’s consultation: Proposed disclosure pilot scheme for the Business and Property Courts.

We have expressed some concern that perceived issues relating to disclosure may exist only in high value commercial litigation. With that in mind we have suggested that the working group may wish to consider whether there are existing powers the court could exercise in relation to disclosure.

We have proposed that the working group limit the pilot to complex cases of over £500,000. We have also suggested the pilot is not appropriate for certain types of case, such as Contentious Probate or Trusts of Land and Appointment of Trustees Act (ToLATA) claims.

We have expressed a view that the courts are already overburdened. The proposals will require additional court time and judicial resource. This may be of some concern as it is likely to lead to delays.

We have also called for further engagement with the profession as the pilot scheme progresses.

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