New Commercial Court Guide Benches Old Disclosure Rules

The  11th Commercial Court Guide was published on the 3rd February 2022. We bring back Johnny Shearman to reflect on this latest version, specifically, the role of the Disclosure Pilot Scheme.

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Disclosure Pilot Scheme: Model E Disclosure

Under the Disclosure Pilot Scheme, there is no automatic right to extended disclosure and, as highlighted in the recent decision in Kelly and another v Baker and another [2021] EWHC 964 (Comm), no guarantee that the model of extended disclosure being sought will be endorsed by the court, especially when it comes to Model E disclosure.

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