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A matter of interpretation

08 January 2014 / Dominic Regan
Issue: 7589 / Categories: Opinion
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What does 2014 hold for the Jackson reforms, asks Dominic Regan

It is over before it began. The speedy, decisive and blunt judgment in Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov), represents the real implementation of the Jackson reforms. Oh yes we had new words back in April but interpretation is everything. Any doubt should now evaporate.

A matter of default

Contrary to the views expressed by some this case was really nothing to do with budgeting. It was about default and the way that courts should deal with non-compliance. The offending breaches were in the context of the defamation pilot scheme which had been running for years already.

The Master of the Rolls went out of his way to praise the costs judge.

Lord Dyson rightly acknowledged that forgiveness is still available under CPR 3.9, a measure that has been rewritten but not abrogated. The new battleground will be to distinguish minor lapses from major ones as the former ought to be overlooked.

Uncertainty

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

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Weightmans—Emma Eccles & Mark Woodall

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Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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