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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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Hold fire……
Early indications from the exchanges between the Court of Appeal in the conjoined Mitchell appeals and Counsel addressing the court indicate that a major retreat from the Mitchell principle is being contemplated. Any party in default facing a rule 3.9 application in the next month would…
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Harmans Costs Brief – June 2014
Last month’s Costs Brief proved to be our most popular of 2014, can we beat it with the latest issue? See for yourself, but we’re quietly confident… http://eepurl.com/Wxs-j
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Relief from Sanctions – a year on from Mitchell
Following the decision in the Mitchell case, there was a feeling that from now on, cases were going to be routinely denied relief from sanctions for the most minor of errors. As the following cases below show, although the Courts have become stricter, relief from…
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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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Harmans Costs Brief – April 2014
We think it’s our best Costs Brief yet! Featuring articles on Mitchell, the Statement of Truth, applications for relief from sanction, all the latest legal costs updates, the Lauben acquisition not to mention our seminar – you’d best get reading… http://eepurl.com/RFM-5
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Legal Costs Update
The ripples caused by the Mitchell decision continue to spread out across the 2014 legal landscape. The following are just some of the highlights from a busy February and March: M A Lloyd & Sons Ltd (T/A KPM Marine) –v- PPC International Ltd (T/A Professional…
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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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What might the outcome have been had Mitchell been appealed to the Supreme Court?
Mitchell was no doubt a controversial decision but for whatever reason it was not appealed to the Supreme Court. Had it been, the final outcome may well have been far less draconian. As recently as 3 March 2014, the Judicial Committee of the Privy Council…
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Breaking news – update to previous news article…
Lord Justice Leveson, President of the Queen’s Bench Division and the Deputy Head of Civil Justice Lord Justice Richards have formally approved the new model direction as detailed in our previous article. Text as follows: ‘The parties may, by prior agreement in writing, extend the…
