Avoiding the Mitchell consequences

At a recent conference Mr Justice Ramsey was asked whether there had been any unintended consequences arising from the decision in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 [2013] All ER (D) 314 (Nov). With the deftness of a seasoned politician he denied any such thing, suggesting that it was only the legal profession who had experienced unexpected consequences. Although it could reasonably be suggested that the profession had not quite anticipated the strictness with which the CPR was going to be enforced post-April 2013, Ramsey J’s comments were still received with surprise. Since Mitchell parties have been clogging up the courts with applications seeking approval for orders varying directions, variations which did not disrupt the litigation timetable but applications were still required given the drafting of CPR 3.8(3). Surely this was not an intended consequence of Mitchell?

Unhappy judges

Judicial unhappiness with the situation had already been