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20 May 2014
Issue: 7607 / Categories: Legal News , Profession , Costs , CPR
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Hope for litigators from the court?

CoA decision should sound “death knell” for post-Mitchell tactics

Litigators are hopeful that a Court of Appeal (CoA) decision to overturn a High Court decision refusing relief from sanctions will stem the unco-operative and tactical stance taken by some parties post-Mitchell.

Overturning the judge’s decision, in Hallam Estates Ltd and Michael Stainer v Teresa Baker [2014] EWCA Civ 661, this week, Jackson LJ sitting with Lewison and Christopher Clarke LJJ, granted relief over an application for an extension of time.

The claimants had asked for an extra 21 days to serve documents, which was opposed by the defendants. The costs judge granted the extension, but the High Court refused it on appeal.

Delivering judgment, Jackson LJ said that “an application for an extension of the time allowed to take any particular step in litigation is not an application for relief from sanctions, provided that the applicant files his application notice before expiry of the permitted time period. This is the case even if the court deals with that application after the expiry of the relevant period…This still remains the case following the recent civil justice reforms.”

Jeremy Ford, 9 Gough Square, says: “This decision should sound the death knell for the tactical and unco-operative stances taken by some parties post-Mitchell.

"It clarifies that the principles of Mitchell have no application when an in-time application is made for an extension of time, even if heard after the date for compliance, and Jackson LJ has reconfirmed that the addition of 1.1(2)(f) to the overriding objective does not require courts to refuse reasonable extensions of time which neither imperil hearing dates nor otherwise disrupt proceedings.”

NLJ columnist Professor Dominic Regan, who assisted Jackson LJ with his civil costs reforms, says: “This is a very important case because Sir Rupert confirms that an application for more time when made in time is not caught by Mitchell even if the court can only entertain the application when the deadline has since expired.

“It is not a case about default and does not touch or vary Mitchell one iota. What caught my eye was that Sir Rupert went out of his way to praise the Lloyd decision of Turner J who imposed a severe sanction which the innocent party had never sought (in MA Lloyd & Sons Ltd v PPC International Ltd [2014] EWHC 41 (QB)). Jackson LJ also confirms the tough spirit enshrined in the new [CPR] 3.9. It is the first real Jackson reforms case he has sat on.”

Issue: 7607 / Categories: Legal News , Profession , Costs , CPR
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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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