Zachary Kell has written an article for the Journal of International Banking and Finance Law entitled ‘Disclosure – co-operation in an adversarial system’ ((2019) 7 JIBFL 474 – co-authored with Laura Sutton of PDT Solicitors). The article considers the Disclosure Pilot introduced by Practice Direction 51U, its scope, and the focus placed on co-operation between litigants. It is argued that the Disclosure Pilot represents a sea change for litigants in terms of how they approach the disclosure exercise regardless of whether proceedings were issued prior to its coming into force. Further, there is a consideration of what this culture of co-operation will mean in terms of the conduct of proceedings, including the use of technology in disclosure.
Subscribers to the JIBFL can now access this electronically through their Lexis Library account, or in the hardcopy publication.