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Stephen Warner v John Merrett
Whilst the Court of Appeal’s decision on the conjoined Appeals involving “Mitchell” interpretation is awaited it is good to see that Judges are able to make sensible decisions without the guidance. Judge Mackie QC was required to consider whether a failure to serve documents relating…
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Mitchell
In April there were no fewer than 43 reported decisions on Mitchell. Although there have been individual appeals on their facts to the Court of Appeal since Mitchell, there is no case (yet) which purports to resolve the various controversies of the Mitchell doctrine. For…
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Employment tribunal fees
The trade union UNISON is continuing its battle through the courts to challenge the Tribunal fees introduced by the government recently. UNISON say that the fees break EU law by denying access to justice. Their first challenge was not successful, because they did not have…
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The new stricter approach to applications for relief from sanction reaches the SCCO
The decision of the Court of Appeal in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1526 was intended to send out a clear message to the legal profession that applications for relief from sanction would be granted only where (very) good reason for…
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Relief from Sanctions post-Mitchell appeal
Further decisions giving guidance with regard to the Courts’ approach to applications for relief from sanctions have been coming through following the stern conclusions reached by Master Victoria McCloud and the Court of Appeal in the Mitchell case. The importance of ‘Mitchell’ as the starting…
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Legal Costs Update by Gary Knight
Mitchell was, with good reason, the headline grabber as far as court decisions go during the later stages of 2013 and the decision and its impact on future matters has been the subject of considered review and comment elsewhere, therefore I will concentrate on other…
