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Last updateTue, 24 Feb 2015 5pm

DISCLOSURE: On a roll

02 October 2015  

Giles Hutt and Whiston Bristow report on the shorter trials and flexible trials pilot schemes

If there is one aspect of English court procedure that litigants would most like to change, it is probably disclosure. Not only is disclosure often time-consuming and expensive, it can also be immensely disruptive of a company’s operations, without always bringing a corresponding benefit in terms of access to an opponent’s documents. Of course, parties disclosing large numbers of documents is appropriate in certain kinds of cases, a good example being those involving allegations of fraud, but it is seen by many as the main downside of English litigation as opposed to arbitration – or indeed litigation in most other jurisdictions.