This case confirms that, in a case where the disclosure pilot for the Business and Property Courts (the disclosure pilot) applies, the applicable test for revoking or varying an order for disclosure pursuant to CPR 3.1(7) must give way to the specific requirements of CPR PD 51U, para 18, which expressly sets out a different test. In particular, a court may at any stage make an order varying or revoking a previous order for extended disclosure, provided that it is necessary for the just disposal of the proceedings and that it is reasonable and proportionate. There is nothing in the disclosure pilot to suggest that applications to vary orders for extended disclosure will only be granted where something out of the ordinary has occurred.
This article was first published by Lexis®PSL on 27/02/2020
Click on case name above for the full article