Extended Disclosure | Practical Law

Extended Disclosure | Practical Law

Extended Disclosure

Extended Disclosure

Practical Law UK Glossary w-016-8774 (Approx. 4 pages)

Glossary

Extended Disclosure

In cases subject to Practice Direction (PD) 57AD ("Disclosure in the Business and Property Courts"), five models of disclosure that can be ordered by the court in addition to, or as an alternative to, Initial Disclosure, namely:
  • Model A: Disclosure confined to known adverse documents.
  • Model B: Limited disclosure.
  • Model C: Disclosure of particular documents or narrow classes of documents.
  • Model D: Narrow search-based disclosure (with or without Narrative Documents).
  • Model E: Wide search-based disclosure: a model that will only be ordered in "an exceptional case".
PD 57AD took effect on 1 October 2022, replacing PD 51U, and implementing on a permanent basis the procedures that, from 1 January 2019 until 1 October 2022, operated under the Disclosure Pilot Scheme (PD 51U).) A full description of each of these models is set out in PD 57AD.8 ("The Extended Disclosure Models"). All five models are available for cases subject to the "mainstream" PD 57AD procedure. For cases being run under the simplified Less Complex Claims regime (Appendix 5 to PD 57AD), only Extended Disclosure Models A, B and D are available.
There is no presumption that a party is entitled to search-based Extended Disclosure (Models C, D and E) (see PD 57AD.8.2).
The court may order that Extended Disclosure be given using different models for different Issues for Disclosure in the case or for different types of document. However, the rules highlight the need for moderation in the number of models used and the way they are applied to Issues for Disclosure, so that the disclosure process will be practical (PD 57AD.8.3).
For details of the steps required to comply with an order for Extended Disclosure, see PD 57AD.12.
For details of all of our content on the approach to disclosure under PD 57AD, see Disclosure in the B&PCs toolkit.