A judicial update on the operation of the Disclosure Pilot Scheme has recently been published, together with the Third Interim Report on the pilot which sets out feedback received. The report suggests that, in the view of court users, the pilot has not succeeded in making disclosure simpler and cheaper. The update sets out a number of proposed amendments to the scheme, which are to be considered by the Civil Procedure Rules Committee, but they are relatively light touch and seem unlikely to result in fundamental changes.
Maura McIntosh has published a post on Practical Law’s Dispute Resolution blog which considers the report and the proposed amendments and suggests a potential compromise solution, which would seek to achieve the aims of the scheme while avoiding much of its complexity. Click here to read the post (or here for the Practical Law Dispute Resolution blog homepage).