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?

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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?

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

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

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

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

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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?

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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?

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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?

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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?

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

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

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

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

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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?

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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?

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

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* 18. Has the Pilot impacted on settlement discussions?

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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?

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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?

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* 22. Qualification

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* 23. PQE (Solicitor/CILex)

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.
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