header-logo header-logo

06 December 2013
Issue: 7587 / Categories: Case law , Law reports , In Court
printer mail-detail

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

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll