CL-2022-000699 - [2025] EWHC 1948 (Comm)

The notes in volume 2 of Civil Procedure say that the disclosure pilot scheme, including PD57AD is intended to introduce a new culture of disclosure stressing the imperative nature of party cooperation; see note PD57AD 2AA-53. In line with that intended spirit of cooperation, paragraph 11.1 of PD57AD provides for a party to be able to obtain disclosure guidance from the court, where:

It is clear from the provisions of paragraph 11 generally, that disclosure guidance is intended to be a reasonably informal procedure in comparison to a fully contested formal application. Although an application notice is required, evidence is not and ordinarily the maximum hearing length is to be 60 minutes with 30 minutes pre-reading. The court may decide to deal with the application on the documents and without an oral hearing. If there is a hearing, then paragraph 11.3 provides that the court will generally expect a legal representative with direct responsibility for the conduct of disclosure to be the person who participates on behalf of each party in the discussion; in other words not necessarily the parties’ counsel or advocates.

Paragraph 11.5 sets out the ordinary position in relation to costs, namely that unless otherwise ordered, the costs of an application for disclosure guidance will be costs in the case and no order from the court to that effect is required.