A less tolerant handmaid — Mitchell v Newsgroup judgment
The Court of Appeal has handed down its decision in Mitchell v News Group, resolving recent uncertainty about the implementation of Jackson reforms — at least for the time being.
Mr Mitchell sued the defendant newspaper, The Sun, for libel following the ‘plebgate’ affair. On 5 June 2013 both parties were ordered to serve costs budgets seven days before a case management hearing listed for 18 June. Mr Mitchell’s solicitors received the order on 6 June so they had until 11 June — four working days — to complete, file and serve their costs budget.
They failed to do so and only served it the day before the hearing on 17 June after prompting by the master, Master McCloud. At the hearing, the master limited Mr Mitchell’s solicitors’ future costs of the claim to their court fees. They applied for relief from sanctions under CPR 3.9 at a further hearing on 25 July. The master adjourned a hearing in an asbestos-related claim to hear it. She refused relief because the post-Jackson rules implemented a ‘tougher, more robust approach to rule compliance’…
If you are registered and logged in to the site, click on the link below to read the rest of the Mills & Reeve briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
The trend for unbundling legal work is advancing through the law firm ranks but there is still resistance in some quarters - namely in-house. We asked why