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30 June 2014 / Mark Surguy , Tracey Stretton , Damian Murphy
Categories: Opinion , Budgeting
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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?

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The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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