Should We Have Stayed with the RSC?
Lord Woolf’s Access to Justice Report took the view that disproportionate litigation costs were spent on discovery. The CPR was intended to change that. This short chapter examines the experience of CPR 31 over 20 years and considers whether it would it have been better to retain in substance RSC ord 24 (as for example Hong Kong has done)? Taking the rules on pre-action disclosure, non-party disclosure and inadvertent disclosure of privileged documents as examples, it argues that the reforms have been largely unsuccessful, and that we should have retained the substance of the former rules. Broad discovery obligations do not necessarily lead to excessive courts.
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