header-logo header-logo

Disclosure recommendations for data-heavy cases

An ‘intensive disclosure regime’ should be put in place to help judges manage data-heavy cases, according to the chair of the Independent Review of Disclosure and Fraud Offences, Jonathan Fisher KC.

Under this regime, once a case is designated ‘intensive’, the prosecution would provide the court with an updated disclosure management document including full details of any search technology they plan to use. The defence would identify trial issues, and the judge would hold a disclosure management hearing about four weeks later.

The report, 'Disclosure in the digital age', published by the Home Office last week, also recommends standardised training for disclosure officers, greater use of artificial intelligence (AI) and early-stage communication between investigators and prosecutors to identify a disclosure strategy.

Fisher KC considers the approach used in some US states where the defence is given full (albeit controlled) access to prosecution material, but rejects this as expensive and likely to increase delays.

The explosion in digital material is overwhelming criminal justice resources—Fisher KC cites a recent serious fraud case that generated 8.5 million documents plus a further 2.5 million defence documents. The largest Serious Fraud Office (SFO) case to date has 48 million documents.

Fisher KC, of Red Lion Chambers, writes: ‘If printed, the volume of material in an average SFO case would stack considerably higher than the Shard.’

The proliferation of data also affects less complex cases. The silk reports it took an average of 60 days to bring a case to court in 2014 and double that time in 2023.

While the relevant legislation—the Criminal Procedure and Investigation Act 1996—is ‘broadly sound’, problems do arise in its practical application. Therefore, Fisher KC recommends creating additional guidance and updating the Act to reflect recent caselaw.

Niall Hearty, partner at Rahman Ravelli, says: ‘Particularly notable is Fisher’s rejection of the keys to the warehouse idea—that suspects should have all the evidence.

‘While this is understandable, it may come as a disappointment to some defence lawyers. Equally notable is his recommendation that language should be inserted into the law that allows disclosure officers to use AI. This is perhaps the clearest acknowledgement of the challenges the system currently faces when it comes to disclosure.’

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll