Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537 – Page 3 – Law Journals

Costs: Service by e-mail

Paul Jones highlights a costs case that shows the changing role of modern information technology in law ‘Is it really appropriate in modern litigation for electronic service of documents to be the exception rather than the norm as the current rules seem to provide?’ Modern technology and the law do not often sit comfortably beside …

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Costs: What a difference a day makes

Jeremy Glover reviews a recent decision of the TCC ‘While the fourth defendant could not put forward any good reason for the breach, it was in the view of the judge a trivial one.’ Wain v Gloucestershire County Council [2014] arose out of the first Case Management Conference (CMC) and costs management hearing. The fourth …

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Debt Collection: We don’t need no education

R C

Ron Cheriyan considers a sensitive area of enforcement ‘In the unlikely event that liability is proved, the defendants will need to establish their loss. Defences should outline how the loss is calculated and figures cannot be plucked out of the air.’ Schools within the independent sector have witnessed a surge in the number of claims …

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Sanctions: A stitch in time

Maura McIntosh outlines a recent decision of Lord Justice Jackson on extensions of time ‘Legal representatives are not in breach of any duty to their client when they agree a reasonable extension.’ In a judgment handed down on 20 May 2014, Lord Justice Jackson has taken the opportunity to clarify the effect of his reforms …

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Amendment: Pleading awful

Verity Altaras discusses the court’s approach to amending particulars of claim in light of the Jackson reforms ‘The willingness to meet the costs and belief in the indispensability of the amendment is not enough. The success of the application to amend hinges on the unearthing of the “real dispute” between the parties and the strength …

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Civil Procedure: Case Management Orders – when will a costs judge depart from them?

Peter Kirby QC, a High Court costs assessor, provides guidance on how to ensure you recover your costs ‘The imperative is to try and get the budget right the first time and, if necessary, during the course of the litigation to have the same revised in the light of changing circumstances.’ Billy Joel once sang, …

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Jackson Reforms: Not all bad news

The Jackson reforms to litigation cost management have been widely criticised, but Laura Odlind wonders if they could be of some benefit ‘The Jackson era may have some advantages. Having already had their costs scrutinised and examined through the lens of “proportionality”, the winning party may be in a stronger position to recover those costs …

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Construction Focus: Dicing with procedural death

John Starr reviews a case highlighting the importance of complying with any court procedures in construction cases ‘We are all aware from the alarming recent Court of Appeal decision in Mitchell [2013] that the courts are becoming increasingly ruthless in their strict application of the CPR.’ The opening words in the recent Technology and Construction …

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Service: Life after Mitchell?

Maura McIntosh reports on a recent decision in the Commercial Court ‘CPR 3.10 was to be “construed as of wide effect so as to be available to be used beneficially wherever the defect has had no prejudicial effect on the other party”.’In what may be seen as a surprising decision, the Commercial Court has treated …

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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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