Jurisdiction(s):
United Kingdom

Key definition

Disclosure definition

What does Disclosure mean? Disclosure describes the process in litigation by which a party identifies, lists and, where not protected by privilege, allows inspection of documents within its control that are relevant to the issues in dispute, including confirming that a document exists or has existed. It covers paper and electronic material (ESI), and carries a continuing duty to preserve and disclose. In England and Wales, disclosure is governed by the Civil Procedure Rules: standard disclosure and inspection under Part 31, and in the Business and Property Courts, initial and extended disclosure under Practice Direction 57AD. Parties must conduct a reasonable and proportionate search, list...

CPR PD 57AD Disclosure Scheme in the Business and Property Courts: When and Where It Applies, Exclusions and Modifications (England and Wales)

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Practice notes

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This Practice Note sets out when and in which venues the Disclosure Scheme within the Business and Property Courts (B&PCs) (CPR PD 57AD) operates. It identifies the courts that use the Scheme (including any tailored variants) and those that deliberately disapply it. It also addresses the categories of Claims to which the Scheme is engaged, and those from which it is expressly excluded. The Scheme took effect on 1 October 2022, following a disclosure pilot. Decisions made under the pilot remain instructive and are referenced below. For the background and context of the Scheme and its overarching themes, see Practice Note: Business and Property Courts Disclosure Scheme—early developments and themes [Archived].

When does the Disclosure Scheme apply?

See: Which disclosure Rules apply to my claim—flowchart? for a step-by-step route through the questions that determine whether your claim falls within CPR PD 57AD’s Scheme.

Disclosure Scheme is mandatory

The Scheme applies throughout the Business and Property Courts of England and Wales based at the Rolls Building in London and at the court centres in Birmingham, Bristol, Cardiff, Leeds, Liverpool, Manchester and Newcastle (CPR PD 57AD, para 1.2), subject to certain narrow exceptions outlined below. For more detail, see the discussion below...

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Web page updated on 21/05/2026

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