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07 February 2014 / Nicholas Heaton
Issue: 7593 / Categories: Features , Litigation trends
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A sea change

 Will Mitchell herald a whole new culture of conducting civil litigation, asks Nicholas Heaton

Commentators on the Court of Appeal’s decision in Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov) have so far focused on the justice or otherwise of the decision, or on its importance in terms of the rules on costs budgeting. In time, however, the Mitchell decision may be seen as the catalyst for something far more ground-breaking: a whole new culture of conducting civil litigation. The case may allow the Jackson reforms to achieve something that the Woolf reforms did not manage—a more general understanding that the rules are there to be obeyed.

Power of the courts

One of the key innovations in the Woolf reforms was that responsibility and control of litigation would shift from the litigants and their legal advisers to the courts. A range of case management powers was duly included in the new Civil Procedure Rules, the idea being that judges would fix and enforce strict timetables for procedural steps leading

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Signature Litigation—Catherine Naylor

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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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