One law firm's mistake becomes a grave lesson for litigators
The Court of Appeal has handed down one of the most keenly awaited court judgments of the year. The decision in Mitchell MP v News Group Newspapers Ltd makes clear that those who do not comply with the new court rules will be penalised heavily in costs with no — or very little — chance of obtaining relief. In Lord Dyson’s words: ‘[This] more robust approach… will mean that from now on relief from sanctions should be granted more sparingly than previously.’ Those not concerned with the legal detail and the nitty gritty of the court rules might like to jump to the commercial tips at the bottom of this briefing where we list actions you can take to avoid significant costs penalties when involved in litigation.
This has been a year of change for litigators and their clients. Following a comprehensive review of civil litigation costs by Lord Justice Jackson, substantial changes to the Civil Procedure Rules (CPR) were made in April 2013. The changes were intended to control costs and promote access to justice. The revised rules have been in place for nearly eight months and already they have brought in a whole new approach to conducting litigation. Just have a look at some of the recent cases on costs budgeting, Part 36 offers and disclosure as commented on in our last newsletter, Costs and Compliance: six months in.
One case in particular has attracted a lot of attention — in the public as well as the legal arena. That case is the publicly fought defamation battle between Mr Mitchell and the News Group following the latter’s reporting in The Sun newspaper of the incident commonly referred to as ‘plebgate’…
If you are registered and logged in to the site, click on the link below to read the Walker Morris 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 Walker Morris
News from The Lawyer
Briefings from Walker Morris
Civil litigation in recent years has been dominated by cases and commentary concerned with costs, court fees, procedure and proportionality.
Key points on a clarification of the remedies available for misrepresentation.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.