Close Menu
  • News
  • Home
  • In Profile
  • Finance
  • Legal
  • Technology
  • Events
  • Features
  • Well Being
  • Marketing
  • HR & Recruitment
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
X (Twitter) LinkedIn YouTube
Trending
  • Developing an AI use policy
  • 3 learnings for SMEs from Climb24, the UK’s festival of innovation
  • Protect your start-up with a simplified shareholders’ agreement
  • Employment Expert Warns of TikTok Career Trends’ Negative Impact: Are Workplaces Falling Short?
  • Simply Asset Finance secures £120m loan facility from Bank of America
  • Campers acknowledges the impact of the North West adoption programme
  • Empowering ESMBs with Cutting-Edge Solutions: An Interview with Giovanni Crispino, Head of EMEA ESMB at Salesforce
  • Louise Hunt Skelley Ply And Samanta Bullock Launch A New Era Of Disability Advocacy
X (Twitter) LinkedIn YouTube
SME Today
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
  • News
  • Home
  • In Profile
  • Finance
  • Legal
  • Technology
  • Events
  • Features
  • Wellbeing
  • Marketing
  • HR & Recruitment
SME Today
  • About
  • Advertise
  • Events Calendar
  • Business Wall
  • Subscribe
  • Contact
  • 0843 289 4634
You are at:Home»Legal»70% of Senior Legal Professionals Deem Disclosure Pilot Scheme “Not Fit For Purpose”
Legal lawScales of Justice.
Legal lawScales of Justice.

70% of Senior Legal Professionals Deem Disclosure Pilot Scheme “Not Fit For Purpose”

0
Posted By sme-admin on May 20, 2021 Legal, News

Leading global professional services firm Alvarez & Marsal (A&M) has released new research from its Disputes & Investigations practice around the effectiveness of the Disclosure Pilot Scheme (DPS). The survey of 250 senior legal professionals revealed that 97% of senior lawyers are frustrated with aspects of the pilot as it stands – with 70% deeming the scheme unfit for purpose.

The survey, and associated report, highlights several key insights from senior lawyers around the effectiveness of the scheme currently being trialled in the U.K. Business and Property courts. With 74% of respondents judging that the DPS has exacerbated the adversarial environment in the litigation process, it seems that the pilot has some way to go for the scheme to win the fulsome support of the legal profession.

The survey also highlighted the importance of technology in the disclosure process, with a comfortable majority of respondents (85%) stating that access to technology is a determining factor when parties decide on their disclosure model. The report demonstrates that the objectivity that technology brings to complex cases should be taken into account as the pilot continues to evolve, with 77% of respondents believing that more effective use of technology could contribute to transforming the scheme for the better.

Richard East, Senior Partner at Quinn Emanuel Urquhart & Sullivan UK LLP, commented:
“As the role of technology has become more central to disclosure exercises, law firms are acknowledging that experts are needed early in the process to help accelerate work and serve clients better. It is important that experts are fully integrated into the team as trusted advisers, and are not just used to address ad hoc technical challenges, but to add value right the way through the disclosure process.”

Other survey insights:

  • 68% of respondents use technology experts from the start of disclosure process.
  • Most respondents find themselves agreeing with the opposing side on which model to use less than half the time. Whilst a significant proportion of respondents (14%) state that parties are often two models or more apart at the start of a disclosure process.
  • 68% of respondents changed their approach to engage with disclosure models that were not previously available pre-pilot.

Phil Beckett, Managing Director and Head of Disputes and Investigations at A&M in Europe and The Middle East, explained:
“The pilot scheme has unquestionably got people thinking about eDisclosure more thoroughly and earlier in the process; and created more options for lawyers and other court users when it comes to disclosure processes. It is also heartening to see that technology and expert advice is part and parcel of completing disclosure requests quickly and efficiently. All of these points are great to see, but all the same, the lawyers we surveyed highlighted some significant flaws in the pilot scheme as things stand. There is a danger that rather than making it easier for parties to agree on the right way to deal with relevant documentation, the scheme may instead be placing further barriers between parties in the crucial early stages of disputes. Whilst we are aware more changes came into force in April 2021 to hopefully combat this, we will be interested to see how they play out.”

Ben Sigler, Partner at Stephenson Harwood, commented:
“Unfortunately, in my experience, the DPS has significantly driven up the costs of disclosure, thereby exacerbating the main problem which it purported to address. What is most regrettable is that, in my view, none of the changes which it introduced were even necessary, as: CPR 31 already provided scope for the Court to actively manage the scope of disclosure (rather than simply to order standard disclosure); and technology assisted review already provided an effective solution to delivering disclosure at proportionate cost in cases involving substantial volumes of potentially disclosable data.”

Hugo Plowman, Partner at Mishcon de Reya LLP, on the other hand takes a more balanced view:
“It seems to be reasonably certain that the DPS is here to stay despite the known teething problems that practitioners have experienced to date. There is a concern about front-loading of costs and creating new room for argument about the form and content of the DRD. Recently introduced changes are likely to assist in resolving some of this, but more is needed.”

Beckett concluded:
“With months to go before the DPS currently expires, and with yet more changes just recently come into play (April 2021) we truly hope that with further modifications and simplifications of the scheme’s structure and more robust guidance on best practices and enforcement, the DPS will benefit lawyers and their clients long term.”

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email

Related Posts

Developing an AI use policy

Protect your start-up with a simplified shareholders’ agreement

Employment Expert Warns of TikTok Career Trends’ Negative Impact: Are Workplaces Falling Short?

Comments are closed.

Follow SME Today on Linkedin and share all the topics you find interesting

The Newsletter

Join our mailing list to receive the latest news and updates from SMEToday
Read our Latest Newsletter:

Sign Up
Events Calendar
    • Marketing
    June 27, 2024

    Empowering ESMBs with Cutting-Edge Solutions: An Interview with Giovanni Crispino, Head of EMEA ESMB at Salesforce

    June 24, 2024

    Why Human Storytelling is Vital for Every Startup Marketing Strategy

    • Finance
    June 28, 2024

    Simply Asset Finance secures £120m loan facility from Bank of America

    June 19, 2024

    Do You Need To Insure Your Side Hustle?

    • Health & Safety
    April 15, 2024

    Careless Driving Habits Common Practice Among Motorists

    March 20, 2024

    Cleaning stairs, climbing ladders and changing light bulbs: which of these activities are allowed under health and safety rules?

    The Great British Expos 2024
    The Great British Expo's
    • Events
    June 18, 2024

    Get the Most Out of Your Ideas with IP. BWR IP Seminar

    June 3, 2024

    Nicola Peake Launches Peakefest to Inspire and Rejuvenate Business Founders

    • Community
    June 24, 2024

    Festivals Unite to Launch National Green Events Code

    May 10, 2024

    Breast Cancer Consultant Dr Hugo De La Pena Has Raised More Than £10,000 For Cancer Research

    • Food & Drink
    May 24, 2024

    Devon distillery raises a glass to future growth with £100k funding deal

    May 13, 2024

    Sussex mum toasts success as small business grows

    • Books
    March 5, 2024

    No Silver Bullet: Bursting the bubble of the organisational quick fix

    January 12, 2024

    Top lessons all entrepreneurs can learn from the boy who survived the wild

    About

    SME Today is published by the same team who deliver The Great British Expos’. We have been organising various corporate events for the last 10 years, with a strong track record of producing well managed and attended business events across the UK.

    Join Our Mailing List

    Receive the latest news and updates from SMEToday.
    Read our Latest Newsletter:


    Sign Up
    X (Twitter) YouTube LinkedIn
    Most Recent Posts
    July 2, 2024

    Developing an AI use policy

    July 2, 2024

    3 learnings for SMEs from Climb24, the UK’s festival of innovation

    July 1, 2024

    Protect your start-up with a simplified shareholders’ agreement

    June 28, 2024

    Employment Expert Warns of TikTok Career Trends’ Negative Impact: Are Workplaces Falling Short?

    June 28, 2024

    Simply Asset Finance secures £120m loan facility from Bank of America

    Categories
    • Books
    • Community
    • Education and Training
    • Environment
    • Events
    • Features
    • Finance
    • Food and Drink
    • Health & Safety
    • HR & Recruitment
    • In Profile
    • Legal
    • Marketing
    • News
    • Property & Development
    • Sponsored Content
    • Technology
    • Transport & Tourism
    • Well Being
    Copyright © 2024 SME Today.
    • ABOUT SME TODAY: THE GO TO RESOURCE FOR UK BUSINESSES
    • Privacy
    • Contact

    Type above and press Enter to search. Press Esc to cancel.