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26 August 2014 / Daniel Kavan
Categories: Opinion , Procedure & practice , Costs , Budgeting
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The dark side of Mitchell (Pt 2)

The second part of an exclusive NLJ series on controlling costs post-Mitchell using technology solutions, by Daniel Kavan, Damian Murphy & Mark Surguy

In the first article of this series, we submitted that despite the decision in Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2014] 2 All ER 430, care must be taken to ensure that form does not triumph over substance in civil proceedings. We speculated that Summit Navigation Ltd v Generali Romania Asigurare [2014] EWHC 398 (Comm), [2014] All ER (D) 202 (Feb) may temper the Mitchell ruling, and in fact, since our publication, the New Law Journal has reported a further decision on a trio of cases handed down on 4 July, purportedly returning us to a pre-Mitchell era, with the court stepping back from the strict interpretation of the Mitchell ruling (see Denton v TH White Ltd & Anr; Decadent Vapours Ltd v Bevan & Ors; Utilise TDS Ltd v Davies [2014]

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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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
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