header-logo header-logo

05 September 2014 / Helen Bell
Issue: 7620 / Categories: Features , Procedure & practice
printer mail-detail

Back to square one?

civil-litigation_bell

Helen Bell provides an analysis of the impact of Denton v TH White Limited

Denton v TH White Limited & others [2014] EWCA Civ 906, [2014] All ER (D) 53 (Jul) was a talking point for all civil litigators. The Court of Appeal (consisting of the Master of the Rolls, Vos LJ and, significantly given the context of the case, Jackson LJ) purported to clarify and amplify guidance previously given by the same court in the now infamous case of Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1537, [2014] 2 All ER 430. As the Court of Appeal in Denton expressly acknowledged, its review of Mitchell was required in order to stem the flow of satellite litigation in the lower courts which had arisen as parties tried to apply the Mitchell guidance in practice.

The facts

Denton v TH White Ltd & others was in fact a conjoined appeal in three cases: D enton v TH White Limited ( Denton ); Decadent Vapours Limited

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll