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30 July 2015
Issue: 7663 / Categories: Legal News
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Michael Wilson & Partners v Sinclair : strike-out “disproportionate”

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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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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