This practice note explains the rules and practice on electronic disclosure under the disclosure regime that applies (save for limited exceptions) in the Business and Property Courts (B&PCs) under Practice Direction (PD) 57AD. Since 1 October 2022, PD 57AD has permanently incorporated into the CPR the Disclosure Pilot Scheme (DPS) which previously operated in the B&PCs under what was PD 51U (see Legal update, Disclosure Pilot Scheme approved and to become permanent in the B&PCs from 1 October 2022 as PD 57AD). PD 57AD has replaced PD 51U in substantially the same form, with mostly corresponding numbering: for example, what was PD 51U.3.1 is now PD 57AD.3.1. However, there are some instances where this is not the case, and we have produced a identifying those paragraphs.

This note is concerned with the “mainstream” procedure under PD 57AD. For consideration of the Less Complex Claims regime (under Appendices 5 to 7 to the PD), see Practice note, Disclosure in the B&PCs: Q&A on the Less Complex Claims regime.

In cases where PD 57AD applies, it does so in place of the disclosure regime contained in CPR 31, PD 31A and PD 31B (the CPR 31 regime), except to the extent that certain Part 31 provisions have been expressly incorporated into PD 57AD (in Section II).

The categories of proceedings in the B&PCs where PD 57AD does not apply (unless otherwise ordered) are listed in PD 57AD.1.4. They include cases being run under the Shorter and Flexible Trials schemes, which have discrete disclosure regimes: see Practice notes, Shorter trials scheme (STS): Disclosure under the STS and Flexible trials scheme (FTS): Disclosure. The Less Complex Claims provisions in PD 57AD note (in Appendix 5) that "Parties to a dispute should always consider whether a dispute or claim is suitable for the Shorter Trials Scheme rather than being treated as a Less Complex Claim".

For cases that fall outside the scope of PD 57AD, see Practice note, Disclosure: electronic disclosure: what is it and how do I deal with it?.