Post by Sam Packwood

Interesting read on the potential simplification of Practice Direction 57AD, which governs disclosure in the Business and Property Courts.   A recent survey (November 2025 – February 2026, 215 responses) suggested that the majority of respondents thought changes to the Practice Direction were required.   I disagree.    Parties in litigation are undoubtedly helped by identifying issues for disclosure earlier, well before the first Costs & Case Management Conference. The disclosure models focus minds on the steps and searches required, which generally leads to a more streamlined process.   Yes, there remains an argument that front-loading disclosure creates substantive cost for clients. But the implementation of Continuous Active Learning ('CAL') and Technology Assisted Review ('TAR') software can largely reduce those costs when used properly. In a recent case, we completed a disclosure exercise on behalf of a Claimant company involving more than 1,000,000 harvested documents, at less than half the cost the Defendant's solicitors had budgeted, by using the software available and working with specialist e-disclosure providers. That technology isn't going away. If anything, it's improving. There's real value, to both clients and solicitors, in understanding how to use it effectively. The question shouldn't be whether PD57AD needs simplifying. It should be whether firms are investing in the tools and expertise to make it work.   #Litigation #Disclosure #PD57AD https://lnkd.in/eRgeeVHs