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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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