header-logo header-logo

The dark side of Mitchell (Pt 3)

23 October 2014 / Daniel Kavan
Categories: Opinion , Procedure & practice , Costs , Budgeting
printer mail-detail

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

In our two previous articles we have looked at the “dark side” of Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2014] 2 All ER 430. First, we explored the way in which the hard line adopted by the courts in a post-Mitchell world (even as subsequently softened in cases such as Summit Navigation Ltd v Generali Romania Asigurare [2014] EWHC 398 (Comm), [2014] All ER (D) 202 (Feb) and the recent trinity of Denton, Decadent and Utilise [2014] EWCA Civ 906, [2014] All ER (D) 53 (Jul)) can foster a “form over substance” mind-set leading to sterile disclosure exercises where the real litigation value of the documents risks being lost. 

Second, we considered where the court draws the line when considering arguments of form over substance and the difficult

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll