Tiran Nersessian appears in judgment considering how to identify “key issues for disclosure” under PD 51U

September 11, 2021

The Court gave judgment on the operation and effect of the disclosure pilot scheme under CPR Practice Direction 51U in the context of a liquidator’s claim for the repayment of a preference pursuant to s.239 IA 1986, taking into account specifically a large scale deletion of potentially relevant documents by the Defendant.  The judgment considered the process by which to properly define the ‘key issues for disclosure’ within the meaning of PD51U bearing in mind that on a proper reading of PD51U the mere fact that such issues had been pleaded would not necessarily justify an order for extended disclosure on those issues. Click here for Judgement