header-logo header-logo

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

The dark side of Mitchell (Pt 3)

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

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins—William Hallett & Lorna Scully

Anthony Collins hires two talented legal directors

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll