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16 May 2014 / Michael Zander KC
Issue: 7606 / Categories: Opinion
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A step too far

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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

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
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