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A sea change

07 February 2014 / Nicholas Heaton
Issue: 7593 / Categories: Features , Litigation trends
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 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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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

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
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
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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