English Court of Appeal confirms the new approach to compliance

The second-most senior judge in England and Wales, Lord Dyson, master of the rolls, has sent a clear message that the senior judiciary intend to enforce the new approach to civil justice introduced by the Jackson reforms in April 2013.

 In a judgment dismissing both appeals by Andrew Mitchell MP in his defamation claim against News Group Newspapers, Lord Dyson ruled that if a costs budget was filed late and without good reason, then the appropriate sanction was an order that the party could recover only court fees if successful, and no legal costs. It was not appropriate to grant relief from that sanction as the failure to file on time was caused by oversight, pressure of work or inadequate resourcing by his solicitors…

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