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08 March 2012 / Katherine Rees
Issue: 7504 / Categories: Features , Insurance / reinsurance
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Seasoning justice with mercy

Katherine Rees looks at three recent cases in which parties have sought “mercy” from the court

Litigation is not an occupation for anyone made nervous by deadlines. It is an area of practice bristling with time-limits and there is a steady stream of cases which deal with the consequences of missing procedural deadlines.

Those cases which reach the court will usually combine an error with an unforgiving opponent. Is it possible for either side to predict how the court will react to the transgression? Will it say that rules must be obeyed; will it be made impatient by a tussle about technicalities, or will it take the view expressed by HHJ Hodge that “the court must season justice with mercy” (Pannone LLP v Aardvark Digital Ltd [2011] EWCA Civ 803, [2011] All ER (D) 100 (Jul))?

Before embarking on satellite litigation about a procedural error, a litigant will want to know what its prospects of success are and be satisfied that it is not just throwing money away on a technical issue. However, this can be a difficult area in which to

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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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