header-logo header-logo

Held to account

07 December 2012 / Garry Bernstein
Issue: 7541 / Categories: Features , Procedure & practice , Costs
printer mail-detail

New CPR 31.5A looks set to shake up the disclosure process in England & Wales, reports Garry Bernstein

The principle that the costs of conducting litigation should be proportionate and satisfy the overriding objective is long-established in the Civil Procedure Rules (CPR). However, accurately forecasting and managing eDisclosure costs have often been difficult to achieve in practice. This reality is in part due to the burgeoning volumes of email and other electronic documents that form a typical eDisclosure exercise. Another factor is the lack of precise metrics or case law as to what “proportionate” actually means in practice and it is this point that the judiciary has addressed in CPR 31.5A.

Significant change

From April 2013, a new CPR 31.5A will operate in conjunction with Practice Direction 31B (the disclosure of electronic documents) and will apply to all multi-track proceedings, except those relating to personal injuries and clinical negligence. In many respects, CPR 31.5A codifies existing best practice in relation to eDisclosure,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll