header-logo header-logo

30 June 2014 / Mark Surguy , Tracey Stretton , Damian Murphy
Categories: Opinion , Budgeting
printer mail-detail

The dark side of Mitchell (Pt 1)

The first part of an exclusive NLJ series on controlling costs post-Mitchell using technology solutions, by Mark Surguy, Damian Murphy & Tracey Stretton

In Summit Navigation Ltd v Generali Romania Asigurare [2014] EWHC 398 (Comm), [2014] All ER (D) 202 (Feb) Leggett J stated that “all sanctions are [not] equal and are [not] to be treated as equivalent to one another for the purposes of CPR 3.9”. Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2014] 2 All ER 430 was a case about a late budget. Summit was about the late provision of security for costs. What is the sanction for a late or defective list of documents?

The imposition of sanctions for non compliance with the rules has been justified by the need for the efficient conduct of proceedings. In this context “efficiency” has been unhelpfully likened to just that: compliance with the rules. However, does this emphasis on compliance really lead to the required efficiency? And what about the effective conduct of litigation?

Care

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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll