Judiciary considers simplifying Business and Property Courts disclosure regime

In a statement issued on Thursday (8 May), the Courts and Tribunals Judiciary said the DRWG would develop proposals to amend Practice Direction (PD) 57AD in response to concerns from stakeholders that the regime had increased costs and added to the burden on the courts.

Respondents to the survey also disagreed that the practice direction, which sets out disclosure rules in the BPC, had been a success and said changes were needed.

The survey, conducted by the DRWG between November 2025 and February 2026, received 215 responses from law firms, barristers’ chambers and e-disclosure providers, as well as individual lawyers and judges.

The results also showed that respondents believed the practice direction, which came into force in October 2022, had failed to achieve a culture change involving greater cooperation between parties.

There were, however, some areas where the majority of respondents considered that the practice direction had introduced helpful reforms, including initial disclosure and the disclosure of known adverse documents.

The President of the King’s Bench Division convened the DRWG in summer 2024 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 judiciary said an expanded DRWG, chaired by Mr Justice Butcher, has now been convened to consider the survey results and the way forward.

The group includes representatives 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.

The statement added: “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.

Adam Carey