Chancery Division
McParland & Partners Ltd and another v Whitehead
[2020] EWHC 298 (Ch)
2020 February 7; 14
Sir Geoffrey Vos C
PracticeDisclosureBusiness and Property CourtsGuidance as to application of disclosure pilotRequirement of cooperation between parties in extended disclosure CPR Pt 51, Practice Direction 51U

The disclosure pilot provisions for the Business and Property Courts in Practice Direction 51U supplementing CPR Pt 51 are intended to apply across a wide range of cases and allow for extended disclosure to be tailored to the particular dispute. In every case the extended disclosure has to be fair, proportionate and reasonable, and parties have to think cooperatively and constructively about their dispute and the documents which need to be produced for the matter to be fairly resolved. The extent of cooperation required means that it is unacceptable to use the provisions as a stick with which to beat an opponent. No advantage can be gained by being difficult about the agreement of issues for disclosure or a disclosure review document. Judges at all levels are expected to be astute to identify parties that fail properly to cooperate as the provisions require, and any attempt to use the provisions as an opportunity for litigation advantage will result in the responsible party facing serious adverse cost consequences (paras 4, 53, 54, 58).

Aidan Reay (instructed by Weightmans llp) for the claimants.

Nigel Grundy (instructed by Farnworth Shaw Solicitors, Colne) for the defendant.

Andre Armenian, Barrister

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