Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537 – Page 4 – Law Journals

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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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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Case Report: Qaiyum v Ocado Ltd (Unreported 20 August 2013)

Fixed costs; fast track; exceptions ‘This case illustrates that the courts will take a robust approach to illegitimate attempts to escape the restrictions of fixed costs regimes.’ This case provides a salutary indication of the courts’ approach to what is likely to be an increasingly prevalent issue, namely claimants seeking to exit a fixed costs …

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Reform: Costing ‘plebgate’

Julia Staines and Adam Welsh look at the costs of budgetary non-compliance ‘The underlying message from Mitchell and Henry is that the rules relating to costs budgets should be followed.’ In November 2008, Sir Anthony Clarke (then Master of the Rolls), appointed Lord Justice Jackson to review the cost of civil litigation, and to make …

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Procedure: The price of everything

Daniel Butler and James Whittaker discuss recent case law on case management ‘If a successful party concludes the litigation within the limits of the approved budget, there will not be a requirement for a later detailed assessment given that costs had already been approved by the court.’ The Jackson reforms promised new robust procedures on …

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