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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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Gateley Legal—Jack Kelly

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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