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Michael Wilson & Partners v Sinclair : strike-out “disproportionate”

30 July 2015
Issue: 7663 / Categories: Legal News
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The Court of Appeal has overturned a judgment that imposed heavy sanctions on a law firm for missing deadlines, in a decision which casts doubt on the legacy of Mitchell.

In Michael Wilson & Partners v Sinclair [2015] EWCA Civ 774, the court held that Lewison LJ has been wrong to strike out an appeal by the law firm Michael Wilson & Partners (MWP) after it missed costs deadlines by 16 weeks and without good reason.

Granting MWP’s appeal against this decision, Richards LJ noted that the firm had filed its appeal shortly after Denton (Denton & Others v TH White Ltd [2014] EWCA Civ 906), which held that judges should have regard to all the circumstances of the case when considering an application for relief from sanctions. Mitchell, on the other hand, accorded “paramount importance” to the need for litigation to be conducted efficiently and at proportionate cost and to the need to enforce compliance with rules (Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537),

Richards LJ said Denton “expressed concern that a misunderstanding of Mitchell was leading to decisions which were manifestly unjust and disproportionate, whereas a more nuanced approach was required”.

Professor Dominic Regan, NLJ columnist, says: “Mitchell was an aberration and this decision consigns it to history.” However, David Greene, senior partner at Edwin Coe and NLJ consultant editor, feels it’s too early to pronounce the death of Mitchell.

“I think we are simply restoring some sense to the role of procedural rules,” Greene says. “They should not override the court’s role of administering justice but the message remains that parties must seek to comply with orders that have been made.

“It is tempting to say that now that the government has made the civil courts into a profit-making monopolised business it should be the parties who should determine their own pace.”

Issue: 7663 / Categories: Legal News
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Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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