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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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