Survey findings have prompted work on proposals to simplify PD57AD in the Business and Property Courts
Disclosure Review Working Group members are preparing proposals to simplify the disclosure regime used in the Business and Property Courts after a survey found that most legal sector respondents did not believe the current reforms had achieved their intended objectives.
The judiciary-led Disclosure Review Working Group (DRWG) announced that it will examine changes to Practice Direction 57AD (PD57AD), which governs disclosure in the Business and Property Courts. The move follows an online survey of court users carried out between November 2025 and February 2026.
The DRWG was established in summer 2024 by the President of the King’s Bench Division to review how PD57AD is operating in practice. Its remit includes assessing whether the disclosure regime has achieved its aims of reducing costs, improving the accuracy of disclosure, easing the burden on the courts and encouraging greater cooperation between parties. The group has also been examining the impact of Technology Assisted Review (TAR) and artificial intelligence on disclosure processes.
A total of 215 responses were received from law firms, barristers’ chambers, e-disclosure providers, individual lawyers and judges. The survey results indicated that the majority of respondents did not agree that the reforms introduced by PD57AD had been successful.
Respondents raised concerns that the current regime had increased costs, added to the burden on the courts and failed to bring about the intended cultural change towards greater cooperation between litigants. Most respondents also considered that changes to the regime were necessary.
However, the survey identified some aspects of PD57AD that were viewed positively. Respondents considered that the provisions on initial disclosure and the disclosure of known adverse documents had introduced helpful reforms.
For solicitors practising in the Business and Property Courts, the immediate significance is that the disclosure framework remains under active review rather than being settled. While no rule changes have yet been proposed, the DRWG has indicated that its initial view is that simplification of the existing regime is desirable. The group intends to develop proposals for amendments to PD57AD for consideration by the Civil Procedure Rules Committee. Practitioners should therefore expect a formal consultation before any recommendations are finalised.
To support the next stage of the review, an expanded Disclosure Review Working Group has been convened. It is chaired by Mr Justice Butcher and includes members of the judiciary together with solicitors, barristers and representatives from organisations representing users of the Business and Property Courts, including the Commercial Bar Association, the Chancery Bar Association, the Technology & Construction Bar Association, the London Solicitors Litigation Association and the Technology and Construction Solicitors’ Association.
The DRWG said it will consult publicly on its proposals before finalising any recommendations. It has also invited practitioners and other court users to submit comments for consideration during the review process.
At this stage, no amendments to Practice Direction 57AD have been made. The announcement marks the beginning of the next phase of the review, with the focus now turning to the development and consultation of proposals intended to simplify the disclosure regime while taking account of developments in technology.