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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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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