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06 December 2013
Issue: 7587 / Categories: Case law , Law reports , In Court
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Costs—Case management—Regime

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

Ward Hadaway—Nicola Williams

Ward Hadaway—Nicola Williams

Specialist tax expertise expands with partner appointment

Howard Kennedy—Caroline Urban

Howard Kennedy—Caroline Urban

Firm strengthens corporate and capital raising specialism with partner hire

Payne Hicks Beach—Lucas Moore

Payne Hicks Beach—Lucas Moore

Commercial disputes partner succeeds Robert Brodrick as chair of management board

NEWS
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Employers are being urged to prepare now for far-reaching employment law changes taking effect in January 2027
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
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