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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

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
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