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05 September 2014 / Helen Bell
Issue: 7620 / Categories: Features , Procedure & practice
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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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