Associate Ed Patton has written an article in the Solicitors Journal, delving into the complexities of compliance within the Disclosure Pilot Scheme, focusing on the implications of Practice Direction 57AD. With over a year since it was made permanent, PD SIU aimed to instigate a 'cultural change' in disclosure during civil litigation, emphasising cooperation and proportionality. Drawing insights from the recent case of Irwell Riverside Developments Ltd v Arcadis Consulting Ltd, the article sheds light on practitioners' duties and the application of this evolving regime.
Having agreed date ranges, search terms and Issues for Disclosure, Arcadis were concerned that certain documents had not been produced and considered the later provision of the 'pot' to be a 'data dump'. Arcadis refused to carry out a full manual review of these documents as it considered that IRDL had already been ordered to do so by the original disclosure order. In response, IRDL's position was that it had complied with the original order and should not have to do anything further."
The full article is available to read via an online PDF from Solicitors Journal.
Ed Patton is in the dispute resolution team, advising individuals, partnerships and companies. This includes commercial contract, construction, where he acted for and against construction companies and architects, as well as shareholder disputes and financial disputes brought before the Financial Ombudsman Service.
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