header-logo header-logo

30 June 2014 / Mark Surguy , Tracey Stretton , Damian Murphy
Categories: Opinion , Budgeting
printer mail-detail

The dark side of Mitchell (Pt 1)

The first part of an exclusive NLJ series on controlling costs post-Mitchell using technology solutions, by Mark Surguy, Damian Murphy & Tracey Stretton

In Summit Navigation Ltd v Generali Romania Asigurare [2014] EWHC 398 (Comm), [2014] All ER (D) 202 (Feb) Leggett J stated that “all sanctions are [not] equal and are [not] to be treated as equivalent to one another for the purposes of CPR 3.9”. Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2014] 2 All ER 430 was a case about a late budget. Summit was about the late provision of security for costs. What is the sanction for a late or defective list of documents?

The imposition of sanctions for non compliance with the rules has been justified by the need for the efficient conduct of proceedings. In this context “efficiency” has been unhelpfully likened to just that: compliance with the rules. However, does this emphasis on compliance really lead to the required efficiency? And what about the effective conduct of litigation?

Care must be taken to ensure form does not triumph

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll