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05 June 2014
Issue: 7609 / Categories: Legal News
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Guidance on Mitchell imminent?

Lord Dyson to preside over three appeals with aim to provide clarification

The Court of Appeal is to hear three consecutive appeals over two days in a bid to clarify the extent and limits of the Mitchell principles.

In an unusual move, Lord Dyson, the Master of the Rolls, will preside over Utilise TDS Ltd v Davies [2014] EWHC 834 (Ch) and two other cases on 16-17 June, according to 39 Essex Street, where barrister Vikram Sachdeva is acting for the appellant. The court hopes to give further guidance for litigators struggling to understand the scope of Mitchell.

In Mitchell v News Group [2014] EWCA Civ 1537, the Court of Appeal refused relief from sanctions for a missed deadline.

The county court this week reinforced the tough line taken in Mitchell for non-compliance with directions, although Lord Justice Jackson has appeared to be suggesting a more lenient approach.

Capital Home Loans Ltd succeeded in a case against Fozia Shahzad-Rubani, as a result of her legal team’s failure to meet deadlines for the joint instruction of experts and the exchange of witness evidence.

Rebecca Sharpe, partner at Rosling King, who acted for Capital, says: “The rejection of all three of the defendant’s applications shows that the court is not softening its approach to non-compliance and is sticking to the strict Mitchell line. 

Declining to grant relief, District Judge Langley emphasised that Mitchell makes clear that potential injustice is overridden by the need to enforce compliance with orders and directions. 

In March, Lord Justice Jackson said parties should be able to agree sensible variations of time limits, in his paper to the Civil Justice Council conference

Writing for NLJ online this week, Jeremy Ford, 9 Gough Square, says Jackson LJ recently elaborated on this point in his lead judgment in Hallam Estates v Baker [2014] EWCA Civ 661, making it “clear that parties are obliged to further the overriding objective by avoiding contested applications and agreeing reasonable extensions of time”.

He says Hallam confirms that the Mitchell principles are avoided if an in-time application is made and that all six of the factors listed for consideration in the overriding objective have equal weight.

See also Dominic Regan’s cut-out and keep guide for litigators post-Mitchell in this week's NLJ.

 

Issue: 7609 / Categories: Legal News
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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
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