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A step too far

16 May 2014 / Michael Zander KC
Issue: 7606 / Categories: Opinion
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Michael Zander QC does not support the Court of Appeal’s decision in Mitchell

The decision in Mitchell v News Group Newspapers [2013] EWCA Civ 1537, given by Lord Dyson MR for a unanimous Court of Appeal, has been described as the most important civil procedure decision of the past 40 years. As someone who has over the years taken some part in public debate about civil procedure, I have to say that I do not support the decision.

A tougher approach

A few days before the Jackson reforms went live on 1 April 2013, Lord Dyson gave the 18th in the series of Jackson Implementation Lectures. In his lecture Lord Dyson explained why it had become necessary to adopt a tougher approach to implementation of the CPR. The relationship between justice and procedure had changed. The justice system was now to be concerned with more than the instant case. “It is a system that has to command public confidence through securing for the majority, many of whom have limited resources, access to a system that itself must operate with limited resources. Doing justice

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

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