This webinar will update you on the new disclosure pilot scheme.

This webinar is inclusive to Civil Litigation Section members.

The Civil Procedure Rule Committee recently approved Practice Direction 51U. This new regulation sets down rules for a mandatory disclosure pilot scheme, aiming to address concerns about the current excessive costs, scale and complexity of disclosure. The pilot will run for two years in the Business and Property Courts in England and Wales, starting from 1 January 2019.

This webinar will provide an update on how the scheme works and give insights on the disclosure review document.

It will also review several decisions on privilege which have been handed down since the Court of Appeal judgment in Serious Fraud Office v Eurasian Natural Resources Corporation.

What will the webinar cover?

The webinar will cover the following topics.

  • The disclosure pilots scheme:
    • preservation notices
    • drafting a list of issues for disclosure
    • completion of the disclosure review document
    • known adverse documents - whose knowledge is relevant for this purpose?
    • operation of the disclosure models;
  • privilege:
    • update on recent cases
    • the expanding scope of the iniquity exception - problems for advisers
    • internal discussions of without prejudice settlement offers - are they protected?

Speakers:

  • Ed Crosse, financial markets disputes partner, Simmons & Simmons LLP
  • Natalie Osafo, associate in the dispute resolution group, Slaughter and May; solicitor advocate, higher courts civil proceedings
  • Adam Brown, partner in financial markets litigation practice, Simmons & Simmons LLP