Back in December 2017, a four-month feedback window opened to discuss the reform, set out by the Disclosure Working Group, of the levels of disclosure in civil trials. The reforms are aimed at tackling the volume of data that is able to be disclosed before a trial, which currently, the judiciary claim has increased to unmanageable proportions.

Now, the Law Society has responded to the reforms, saying that they should only apply to the highest value cases, while certain claims should be completely exempt from any restrictions. Speaking about the proposed reforms, Sir Terrance Etherton, Chancery Lane said that the new scheme should only apply to all claims valued at more than £500,000.

The Disclosure Working Group recommendations

Under the revised plans announced in November 2017, the Disclosure Working Group recommends creating two tiers of disclosure, a basic and extended tier. The basic disclosure tier will include all key documents required for an opponent to understand the case, while extended disclosure will be decided at the discretion of a judge. Under the regulations, all Parties will be required to agree a list of main issues ahead of the required first case management conference.

Responding to the proposed reforms, the Law Society said that it has expressed some concern that perceived issues over disclosure may only exist in high value commercial litigation. The Law Society asked the working group to consider whether any existing powers are available that the court could use in relation to disclosure.

The Law Society also expressed concerns over the judicial time required to accommodate the reforms, and said that the resources of the court are already overstretched. The Society concluded that the impact on practice will need to be considered very seriously, with interest on the type of work included in the pilot a priority as it’ll help determine whether problems with disclosure are apparent in other areas of the profession.

The four-month window opened in December and is expected to be completed soon, with the proposed scheme set to be approved in March or April 2018.

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