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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
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Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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