header-logo header-logo

The dark side of Mitchell (Pt 1)

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

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

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll