Disclosure: letter of advice to client in contentious proceedings on disclosure obligations

An example of a letter, to be sent early on in a dispute, advising a client of their disclosure obligations in a multi-track case not subject to PD 57AD ("Disclosure in the Business and Property Courts"). It also includes important instructions about the creation, destruction and amending of documents.

PD 57AD took effect on 1 October 2022, replacing what was PD 51U, and implementing, on a permanent basis, the procedures that applied, from 1 January 2019 until 1 October 2022, under the Disclosure Pilot Scheme (PD 51U, as then in force).

Disclosure in the B&PCs: For sample letters providing guidance to a client on the disclosure requirements for cases subject to PD 57AD ("Disclosure in the Business and Property Courts"), see Standard documents, Disclosure in the B&PCs: letter to a client in contentious proceedings advising them of their mandatory duties and Disclosure in the B&PCs: letter to a client in contentious proceedings outlining the disclosure procedure.

Shorter and Flexible Trials Schemes: For details on the approach to disclosure for cases in the Business and Property Courts being run under the Shorter and Flexible Trials Schemes (under PD 57AB), see Practice notes, Shorter trials scheme (STS): Disclosure under the STS and Flexible trials scheme (FTS): Disclosure.