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05 June 2014
Issue: 7609 / Categories: Legal News
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Guidance on Mitchell imminent?

Lord Dyson to preside over three appeals with aim to provide clarification

The Court of Appeal is to hear three consecutive appeals over two days in a bid to clarify the extent and limits of the Mitchell principles.

In an unusual move, Lord Dyson, the Master of the Rolls, will preside over Utilise TDS Ltd v Davies [2014] EWHC 834 (Ch) and two other cases on 16-17 June, according to 39 Essex Street, where barrister Vikram Sachdeva is acting for the appellant. The court hopes to give further guidance for litigators struggling to understand the scope of Mitchell.

In Mitchell v News Group [2014] EWCA Civ 1537, the Court of Appeal refused relief from sanctions for a missed deadline.

The county court this week reinforced the tough line taken in Mitchell for non-compliance with directions, although Lord Justice Jackson has appeared to be suggesting a more lenient approach.

Capital Home Loans Ltd succeeded in a case against Fozia Shahzad-Rubani, as a result of her legal team’s failure to meet deadlines for the joint instruction of experts and the exchange of witness evidence.

Rebecca Sharpe, partner at Rosling King, who acted for Capital, says: “The rejection of all three of the defendant’s applications shows that the court is not softening its approach to non-compliance and is sticking to the strict Mitchell line. 

Declining to grant relief, District Judge Langley emphasised that Mitchell makes clear that potential injustice is overridden by the need to enforce compliance with orders and directions. 

In March, Lord Justice Jackson said parties should be able to agree sensible variations of time limits, in his paper to the Civil Justice Council conference

Writing for NLJ online this week, Jeremy Ford, 9 Gough Square, says Jackson LJ recently elaborated on this point in his lead judgment in Hallam Estates v Baker [2014] EWCA Civ 661, making it “clear that parties are obliged to further the overriding objective by avoiding contested applications and agreeing reasonable extensions of time”.

He says Hallam confirms that the Mitchell principles are avoided if an in-time application is made and that all six of the factors listed for consideration in the overriding objective have equal weight.

See also Dominic Regan’s cut-out and keep guide for litigators post-Mitchell in this week's NLJ.

 

Issue: 7609 / Categories: Legal News
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MOVERS & SHAKERS

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
FIFA’s 2026 Men's World Cup is already mired in controversy, with complaints over ‘excessive prices’ and opaque ticketing. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys warns that governing bodies may face scrutiny under EU competition law, with allegations of a ‘dominant—if not monopolistic—position’ in ticket sales
Ten years after Brexit, UK and EU trade mark regimes are drifting apart in practice if not principle. Writing in NLJ this week, Roger Lush and Lara Elder of Carpmaels & Ransford highlight tighter UK scrutiny after SkyKick, where overly broad filings may signal ‘bad faith’
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
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