Disclosure scheme in Business and Property Courts

Two distinct disclosure regimes

When giving disclosure of documents in claims proceeding in the civil courts in England and Wales, there are two distinct disclosure regimes. These are:

1. •

   the Disclosure Scheme (as it is known) operating for most High Court claims proceeding in the Business & Property Courts (B&PCs) as set out in CPR PD 57AD (unless certain exceptions apply); and

2. •

   disclosure in all other cases (including those exempted from the Disclosure Scheme), which proceeds under the rules set out in CPR 31, CPR PD 31A and CPR PD 31B, with appropriate track-specific adjustments

One of the key distinguishing features of the Disclosure Scheme is the requirement for early disclosure (known as Initial Disclosure). It is therefore critical that when considering issuing or defending a claim, you ascertain whether the claim may be subject to the Disclosure Scheme. See: Which disclosure rules apply to my claim—flowchart?

The content in this subtopic explains when and how the Disclosure Scheme works in practice.

If your claim is not subject to the Disclosure Scheme it will be subject to the disclosure provisions in