BPCs Disclosure Pilot - 18 months in

INTRODUCTION

The disclosure pilot scheme introduced by PD51U (the Pilot) has applied to all proceedings in the Business and Property Courts since 1 January 2019 and is set to run until January 2021.

As we approach the 18 month mark, Bristol Law Society is keen to understand the experiences of practitioners and their clients working with the Pilot. This is a living Pilot and the feedback you give will hopefully be used to shape how the rules will be implemented in the future. This is your chance to have your say now you have had some experience of how the Pilot operates.

This questionnaire is aimed at finding out how the Pilot is performing on a practical level and understanding any day to day issues faced by practitioners using the Pilot. The results of this questionnaire may be reported to the judges of the BPCs in Bristol in an anonymised format - no names will be provided.

The questionnaire should take no more than 10 minutes or so and allows you to input any more detailed comments you may have. If you have any other points you would like to raise, please contact info@bristollawsociety.com

The survey will close on 1 August 2020

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* 1. For how many cases has your team been required to use the Pilot?

1-2

3-5

6-9

10+

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* 2. Have you experienced or suspected that there has been forum shopping to avoid using the Pilot? For example, have claims been issued in the QBD or county courts which you would usually expect to see in the BPCs?

Yes – more cases in QBD

Yes – more cases in county courts

No – but would consider issuing elsewhere to avoid the Pilot

Other (Please add any further comments you may have in response to this question)

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* 3. What impact has the Pilot had on the costs of running the cases?

None

Increased a little

Increased a lot

Lowered a little

Lowered a lot

Cannot say at this stage

Please add any further comments you may have in response to this question below.

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* 4. Have your clients had any positive or negative comments on the Pilot?

Positive

Negative

No comments

Please add any further comments you may have in response to this question below.

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* 5. Has initial disclosure been of assistance in understanding the claims you are dealing with?

Yes

No Difference

Please add any further comments you may have in response to this question below

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* 6. Has the preparation of a list of disclosure issues at an earlier stage in proceedings been a useful process?

Yes

No Change

Please add any further comments you may have in response to this question below

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* 7. Has the Pilot caused greater use of e-disclosure platforms? Has this been helpful or would the platform have been unnecessary but for the Pilot?

Yes – used where would not have previously and it was useful

Yes – used where would not have previously but felt it was unnecessary

No – we would always have used the platform

No – an e-disclosure platform was unnecessary

Please add any further comments you may have in response to this question below.

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* 8. Have you experienced co-operation between the parties when working on the Disclosure Review Document (DRD), or has this become another point of contention?

Mostly experienced co-operation

Mostly a contentious experience

Please add any further comments you may have in response to this question below

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* 9. Has the Pilot caused you to involve counsel where usually they would not be involved in disclosure, for example in agreeing the DRD and list of issues?

Yes

No difference

Please add any further comments you may have in response to this question below

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* 10. In your experience, has the process of completing the DRD been conducted by more senior fee earners? Has this had a cost implication?

Yes – and there are cost implications

Yes – but there are no cost implications

Please add any further comments you may have in response to this question below

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* 11. What are your experiences of using the DRD? Have you found it easy to use?

Yes – it is easy to use

Fine but it could be better

No – it is difficult to use

Please add any further comments you may have in response to this question below

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* 12. Are the timescales for completing the various stages of the DRD appropriate?

Yes

No – allows too much time

No – insufficient time to complete the DRD prior to the CCMC

Please add any further comments you may have in response to this question below

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* 13. Has the Pilot impacted on the overall timetable to trial?

Yes – trial is taking place earlier

Yes – trial is being delayed

Please add any further comments you may have in response to this question below

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* 14. Have you required a Disclosure Guidance Hearing and was this useful?

Yes – it was useful

Yes – it was not very useful

No- not required

No - it was not useful

Please add any further comments you may have in response to this question below

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* 15. Has your experience with the judiciary in relation to the Pilot been positive? Are judges engaging with the process or avoiding it/leaving it to a later date? If the judges are engaging, are you finding this involvement helpful?

Positive engagement – the balance has been right and the involvement useful

Positive engagement – felt the judge was more involved than was necessary

Negative engagement – the judge avoided the issues

N/A

Please add any further comments you may have in response to this question below

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* 16. Is there an increase in time spent preparing for the CCMC due to the introduction of the DRD and the need to advise your client of the different models and approaches to disclosure?

Yes

Please add any further comments you may have in response to this question below

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* 17. Has the Pilot had any effect on CCMCs?

Yes - more CCMCs in person where the only issue is the DRD

Yes – more CCMCs in person where the DRD is only one of the issues but less pressure to agree other aspects

Please add any further comments you may have in response to this question below

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* 18. Has the Pilot impacted on settlement discussions?

Yes – settlement discussions are taking place earlier

Yes – settlement discussions are being delayed

Please add any further comments you may have in response to this question below

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* 19. Overall, do you consider the Pilot to be a necessary and positive introduction to the BPCs? Is it useful on a practical level?

Yes – it has been useful

Yes but needs some refinement

No – it has made the litigation process more expensive

No but could be with some work

Other (please specify)

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* 20. Finally, do you have any other comments on how the Pilot could be improved?

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* 21. Are you a member of Bristol Law Society?

Yes

No, but I would like to receive further information on becoming a member (please add e-mail address)

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* 22. Qualification

Partner

Solicitor (non-partner)

Barrister

CILEx

Trainee

Apprentice

Paralegal

GDL Student

LPC Student

University Student

Other (please specify)

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* 23. PQE (Solicitor/CILex)

1-5 Years

5-10 years

10 years plus

N/A

Thank you for taking the time to complete this questionnaire.

If you are interested in joining the Bristol Law Society, please see the membership page of our website www.bristollawsociety.com or email membership@bristollawsociety.com

Thank you to Leeds Law Society for the kind permission to use the above survey questions.