Published on 24 Apr 2013 • England, Wales |
"In the future, there are going to be more tailor-made directions providing for disclosure on an issue-by-issue basis. .... Used properly, it should result in the reduction of disclosure costs. However, practitioners and judges will have to be on their guard to ensure that issue-by-issue disclosure directions do not create a framework for injustice in which one party’s perception and appraisal of a case is not handicapped by his being kept in ignorance of important material on the ground that it is only relevant to issue B but, for the moment, disclosure is only required in relation to issue A."