header-logo header-logo

10 July 2014 / Dominic Regan
Categories: Features , Costs , CPR , Jackson
printer mail-detail

Recalibrating Mitchell

Dominic Regan provides a guide to the post-Mitchell three-step test

“(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need—
(a) for litigation to be conducted efficiently and at proportionate cost; and 
(b) to enforce compliance with rules, practice directions and orders. 

(2) An application for relief must be supported by evidence.”

These two sentences have generated incalculable misery and millions of pounds in wasted costs. The wording is that of the April 2013 relief from sanctions test which replaced the nine-item piecemeal test that had applied since 1999 (Rule 3.9 Relief from sanctions)

The objective

The intention was to encourage compliance with orders, rules and directions. That very objective was added to the overriding objective last year. The belief was that a firmer approach to default would reduce the incidence of default. Making it harder

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll