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16 May 2014 / Michael Zander KC
Issue: 7606 / Categories: Opinion
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A step too far

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Michael Zander QC does not support the Court of Appeal’s decision in Mitchell

The decision in Mitchell v News Group Newspapers [2013] EWCA Civ 1537, given by Lord Dyson MR for a unanimous Court of Appeal, has been described as the most important civil procedure decision of the past 40 years. As someone who has over the years taken some part in public debate about civil procedure, I have to say that I do not support the decision.

A tougher approach

A few days before the Jackson reforms went live on 1 April 2013, Lord Dyson gave the 18th in the series of Jackson Implementation Lectures. In his lecture Lord Dyson explained why it had become necessary to adopt a tougher approach to implementation of the CPR. The relationship between justice and procedure had changed. The justice system was now to be concerned with more than the instant case. “It is a system that has to command public confidence through securing for the majority, many of whom have limited resources, access to a system

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MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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