Procedure: The quality of mercy

Owain Rhys James brings a view from the Bar on the ‘Mitchell principles’ ‘The court’s hardline stance on non-compliance, proactive involvement in case management and the tougher regime for granting relief has created a number of potentially fatal hurdles for litigators.’ The Jackson reforms brought about a sweeping reform of civil litigation generally. However, it …
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CPR: No procedural hiding place – the Mitchell effect

Deirdre Goodwin discusses the changing litigation landscape ‘The landmark judgment in Mitchell, and those which have followed, definitively welcome civil practitioners to the brave new world of qualified justice where fairness and ‘conscience’ become secondary to awareness of the limitations of court resources and financial expediency.’ The Court of Appeal decision in Mitchell MP v …
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Practice: Shine a light?

Rustam Dubash and Clare Arthurs report on recent developments in relief from sanctions ‘The courts will no longer indulge parties if they fail to comply with their procedural obligations. Instead, the more robust approach to compliance and relief from sanctions is intended to ensure that justice can be done in the majority of cases’. Clarity …
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