Strictly compliance — orders and rules must be obeyed
Following the introduction of the Jackson reforms in April 2013, many practitioners questioned just how strictly the courts would enforce compliance with the Civil Procedure Rules, practice direction and court orders post implementation.
The first post-reforms Court of Appeal decision dismissing the ‘plebgate’ costs appeal in Mitchell v News Group Newspapers Ltd has just answered that question. Enforcement will be robust. Litigators have been warned: failure to comply, for which there is no good reason, will not usually attract relief from sanction.
The proceedings relate to the high-profile defamation claim brought by Andrew Mitchell MP following The Sun’s coverage of the ‘Plebgate’ scandal. The proceedings were subject to the costs budgeting pilot (PD 51D of the Civil Procedure Rules) for defamation proceedings, which required the parties to discuss their budgets and exchange and file the budgets (in precedent HA format) not less than seven days before the case management hearing…
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Insolvency litigation briefing — directors will be responsible for breaches of accounting practice; and more
Wragge Lawrence Graham & Co’s insolvency litigation team brings you its monthly update on the cases and issues affecting the insolvency and fraud investigation industry.
This was the finding of the High Court following an appeal by the losing party from a master’s decision that relief should be granted.