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Back to the pre CPR position then. Talk about wavering in the wind. However, I cannot feel but that no disclosure other than specific disclosure by way of application was the best course. Then arguments could take place in Court in respect of multiple hearsay, the root of the evidence etc. Usually that itself forced cases to settle, the argument against this approach, and in favour of the overriding objective, pre action disclosure including voluntary disclosure and automatic disclosure provisions, and protocol letters that are honoured in the breach anyway, was that cases cracked wasting court time. This could always be addresssd by floaters anyway.

Query why disclosure can’t be done by short witness statement similar to the Crown Court now anyway. The Clerical and Admin staff at the Crown Court do a sterling job imho. That is the model to use (and the sitting or officiating Judge dealing with disclosure applications received on that day and any backlog).