Tag Archives: Practice Note

ILN Today Post

Disclosure in the Equity Division – The new Supreme Court Practice Note explained

The new Practice Note, SC Eq 11, commenced on 26 March 2012 and applies to all new and existing Supreme Court proceedings in the Equity Division. The Practice Note essentially provides that the court will not permit disclosure of documents until after the parties have prepared and exchanged their written witness statements, unless there are exceptional circumstances. The changes reflect a desire on the court’s part to achieve the just, quick and cheap resolution of the real issues in dispute by improving the evidentiary value of the written evidence filed.

Previous practice was that discovery was to be completed prior to the parties preparing their evidence, having regard to the relevant documents available to all of the parties. The object of the Practice Note is to make litigation less oppressive for the court, practitioners and clients by providing more focus on witness statements through the limiting of discovery. By delaying disclosure until the parties have exposed the real issues in dispute through the exchange of evidence, the classes of documents sought by parties are likely to be far less oppressive, enabling a more efficient discovery process. More…

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