The judiciary-led Disclosure Review Working Group (DRWG) is to consider simplifying disclosure rules for the Business and Property Courts (BPC) following a survey of legal sector stakeholders.The DRWG will aim to develop proposals to amend Practice Direction (PD) 57AD to respond to concerns about the current regime and to help make processes facilitative of advances in technology.
BackgroundIn the summer of 2024, the President of the King’s Bench Division convened the DRWG to examine the operation of PD 57AD governing disclosure in the BPC and, in that context, the use of Technology Assisted Review (TAR) and Artificial Intelligence (AI).
The DRWG was constituted:
To obtain evidence about disclosure in the BPC and, in particular, to consider whether PD 57AD has achieved its goals (namely saving costs, improving the accuracy of disclosure, reducing the burden on the courts, and improving cooperation among litigants) and whether and how developments in technology (including the use of AI) are impacting the process of disclosure. To consider whether and when to make recommendations for changes to the current regime.The President of the King’s Bench Division and the Chancellor of the High Court approved the use of an online questionnaire to seek the views of court users on various aspects of the regime under PD 57AD.
The survey was conducted between November 2025 and February 2026 and received 215 responses including from law firms, barristers’ chambers and e-disclosure providers, as well as individual lawyers and judges.
Survey resultsThe DRWG would like to express its thanks to Professor Rachael Mulheron of Queen Mary University of London and Dr Shrutika Gandhi of Aston Law School for their assistance in developing the survey and their work in preparing a report for the DRWG analysing the survey results.
The survey results showed that the majority of respondents did not agree with the statement that the reforms in PD 57AD had been a success. Concerns were expressed that the regime had led to increased costs, had increased the burden on the courts, and had not achieved a culture change involving greater cooperation between the parties. The majority of respondents considered that changes were necessary.
There were, however, some areas where the majority of respondents considered that PD 57AD had introduced helpful reforms, including initial disclosure and the disclosure of known adverse documents.
Next stepsAn expanded DRWG has now been convened to consider the survey results and the way forward. Its membership comprises:
Mr Justice Butcher (Chair) Mr Justice Waksman Mr Justice Cawson Mr Justice Birt Master Kaye Jeremy Blum, Bristows Fiona Campbell, Fieldfisher Claire Freeman, Clifford Chance Sue Harris, Walker Morris Philippa Hopkins KC, Essex Court Chambers Michael Levenstein, Gatehouse Chambers Maura McIntosh, Herbert Smith Freehills Kramer Giles Maynard-Connor KC, Selborne Chambers Dr Stacy Sinclair, Fenwick Elliott Fred Snowball, MacfarlanesIt includes representatives from professional organisations representing the interests of users of the BPC including the Commercial Bar Association, the Chancery Bar Association, the Technology & Construction Bar Association, the London Solicitors Litigation Association and the Technology and Construction Solicitors’ Association.
Having considered the survey results, the initial view of the DRWG is that simplification of the existing regime under PD 57AD is desirable and that it should look at proposals to be made to the Civil Procedure Rules Committee to achieve that aim.
The DRWG will consult on its proposals before finalising any recommendations by publicising these to practitioners and other court users.
If anyone would like to submit particular comments for consideration by the DRWG at this stage, please email: disclosure.review@ejudiciary.net
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