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Costs—Case management—Regime

06 December 2013
Issue: 7587 / Categories: Case law , Law reports , In Court
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Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov)

Court of Appeal, Civil Division, Lord Dyson MR, Richards & Elias LJJ, 27 November 2013

The Court of Appeal has set out guidance as to how the new approach to an application for relief from sanctions under CPR 3.9 should be applied in practice: the new more robust approach will mean that relief from sanctions should be granted more sparingly than previously.

Simon Brown QC and Richard Wilkinson (instructed by Atkins Thomson Solicitors) for the claimant. Nicholas Bacon QC and Roger Mallalieu (instructed by Simons Muirhead and Burton Solicitors) for the defendant.

The claimant was formerly the chief whip of the Conservative party. The defendant owned a newspaper which, in September 2012, reported that the claimant had abused police officers in an incident which became known as “plebgate”. In March 2013, the claimant issued proceedings against the defendant in defamation. The proceedings were subject to CPR PD51D Defamation Proceedings Costs Management Scheme, which provided

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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