Costs and compliance: Mitchell take two — revised guidance for those seeking relief from court sanctions

After eight months of uncertainty and legal angst, the Court of Appeal has clarified the Mitchell guidance and in so doing introduced a fresh approach for those seeking relief from sanctions. No longer is the post-Jackson motto ‘comply, comply, comply’ (or be sanctioned with very little hope of relief). Rather, the Court of Appeal has introduced a three-stage test to encourage a more practical and co-operative approach to compliance by those litigating and a more consistent and just approach by the courts.

A culture of compliance with an occasional, albeit rare, need for court intervention remains the goal. There is also a clear message that there will be costs penalties for those wasting court time with applications that could have been dealt with by agreement and the straightforward appliance of the new three-stage test.

Litigators and judges alike will welcome the clarification, which many hope will reduce considerably the likelihood of disproportionate penalties and decisions. It might even make litigators more willing to co-operate with each other…

Click on the link below to read the rest of the Walker Morris briefing.

Sign in or Register to continue reading this article

Sign in


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


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

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.

Briefings from Walker Morris

View more briefings from Walker Morris

Analysis from The Lawyer

View more analysis from The Lawyer


Kings Court
12 King Street

Turnover (£m): 42.50
No. of lawyers: 188