Richard Harrison finds further unlikely inspiration from musical theatre
The Court of Appeal’s recent affirmation of the first instance decision in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537 represents a triumph of the Javertians.
In an article in this journal, I assessed certain manifestations of the culture emanating from this year’s litigation reforms as “Javertian”. I invoked the self-righteous rectitude of a character from Les Miserables and quoted some evocative lines from the song Stars .
Having thought I had given Les Mis its best and only walk-on part in legal commentary, the barricades were breached and I started to think of other characters and songs from the same source.
The outcome of Mitchell is that the courts have emphasised the unyielding and punitive nature of the regime. The result of this is that, despite the professed intention of the new regime to save legal costs, the antagonistic and opportunistic characteristics of certain members of the litigation profession will mean more minor matters being brought to the attention of the courts. It will mean more applications made and
