‘Practitioners will be conscious of the ridiculous practice that ensued in the lower courts following the ‘guidance’ dispensed by the Court of Appeal in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 as to the operation and application of rule 3.9 of the Civil Procedure Rules – Relief from Sanction.’
Law Society’s Gazette, 14th July 2014
Source: www.lawgazette.co.uk
‘A costs draftsman whose only involvement in a case consisted of preparing a costs budget and who did not give any form of legal advice or legally based representation was not a “senior legal representative” for the purposes of paragraph 6 of Practice Direction 3E on Costs Management.’
WLR Daily, 13th June 2014
Source: www.iclr.co.uk
‘A barrister who has led the way in analysing the impact of the Mitchell case has predicted that this week’s hearing of three “trivial breach” cases at the Court of Appeal could pave the way for “Mitchell-lite”.’
Litigation Futures, 19th June 2014
Source: www.litigationfutures.com
‘One of the three Mitchell cases to be heard by the Master of the Rolls next week centres on whether a solicitor should have put a cheque in the post shortly before Christmas to pay for the hearing fee.’
Litigation Futures, 12th June 2014
Source: www.litigationfutures.com
‘The anniversary of the implementation of the Jackson reforms looms. Has all the fear and dread it engendered at the time been justified? Views will vary, whether because of temperament or because of preference, but in our view, for what it’s worth, the answer is “yes”. In the sphere of relief from sanctions at least, and in the kind of costs budgeting that we most often face, many of the concerns warned of in advance have come to pass. The by now well-know case of Andrew Mitchell has illustrated the draconian approach being taken by the courts to relief from sanctions, with the support of what appears to be a hand-picked Court of Appeal. The methodology of county courts in dealing with costs budgeting and CCMCs varies widely, making it difficult to predict or advise on procedural issues in the run up to trials and hearings.’
Full story (PDF)
Falcon Chambers, 25th March 2014
Source: www.falcon-chambers.com
‘Master of the rolls Lord Dyson is to hear three consecutive appeals over two days in an effort to clarify the post-Mitchell landscape on compliance with case management rules.’
Law Society’s Gazette, 3rd June 2014
Source: www.lawgazette.co.uk
‘Approach of court to applications for extensions of time under the Insolvency Rules 1986 in light of the reformulation of CPR r 3.9 and the test to be applied on an application for relief from sanctions.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
‘Regular readers of this blog (when it is accessible) will know that we are a housing law blog. However, housing law (for the most part) is covered by the overarching umbrella of civil law and we do therefore occasionally cover the odd important non-housing civil law development. It is for that reason that we have been following with interest (as is every single civil lawyer in England and Wales) the “fall-out” from the Jackson reforms.’
NearlyLegal, 23rd May 2014
Source: www.nearlylegal.co.uk
In re S (Children) (Care Proceedings: Fact-finding Hearings) [2014] EWCA Civ 638; [2014] WLR (D) 217
‘Reiterating the inappropriateness of separate fact-finding hearings in most care proceedings, it was essential that if there was to be a separate fact-finding hearing, the ambit of the hearing should be clearly defined and understood by all and, if the ambit altered as the case proceeded, that the adjustment was promptly reflected in the schedule of findings sought and that there was an authentic, definitive record of precisely what findings the judge had made.’
WLR Daily, 14th May 2014
Source: www.iclr.co.uk
‘Byron James, barrister, Fourteen considers the utility of OS/DS hearings in the resolution of financial remedies disputes.’
Family Law Week, 2nd May 2014
Source: www.familylawweek.co.uk
‘The Court of Appeal last week handed down judgment in the case of Chartwell Estate Agents v. Fergies Property & Anor. [2014] E. W. C. A. Civ. 506. It is an important decision for all civil practitioners, as it deals directly with the question of relief from sanction under the modified Rule 3.9 of the Civil Procedure Rules, and mollifies to some extent the (at least perceived) harshness of the rule in Mitchell v. News Group Newspapers [2014] 1 W. L. R. 795 – so much so that the Westlaw service run by respected legal publishers Sweet & Maxwell now state that the Mitchell decision has received “mixed or mildly negative judicial treatment”.’
The Barristers’ Hub, 23rd April 2014
Source: www.barristershub.co.uk
‘Louise McCallum, barrister at Zenith Chambers, Leeds, looks at the new Child Arrangements Programme that came into force on 22 April 2014.’
Family Law Week, 23rd April 2014
Source: www.familylawweek.co.uk
Kershaw v Roberts and another: [2014] EWHC 1037 (Ch); [2014] WLR (D) 168
‘Claims issued under CPR Pt 8 were not automatically allocated to the multi-track with the result that the provisions of CPR Pt 29 and the costs management provisions in section II of CPR Pt 3 were of no application unless and until the claim had been allocated to the multi-track by the procedural judge considering the claim.’
WLR Daily, 10th April 2014
Source: www.iclr.co.uk
‘A claimant has failed in a High Court Mitchell bid to argue that an initial hearing amounted to a case management conference (CMC) and should be subject to budgeting rules.’
Law Society’s Gazette, 14th April 2014
Source: www.lawgazette.co.uk
‘Alongside the continued wave of decisions on relief from sanctions applications, a few decisions are
now coming through that reflect the general shift in approaches to case management that many
practitioners may have encountered for themselves.’
Littleton Chambers, 2nd April 2014
Source: www.littletonchambers.com
‘In Chandra & ors v Brooke North [2013] EWCA Civ 1559 the Court of Appeal gives practitioners and courts useful guidance about the correct approach to applications to amend introducing new claims outside limitation periods. The history of the case is a demonstration of the procedural knots and costly consequences for the parties that can be created when the lower courts go further than they should.’
Hardwicke Chambers, 13th March 2014
Source: www.hardwicke.co.uk
‘The rigidity introduced by the Mitchell judgment has fractured co-operation between solicitors, while costs budgeting has driven up law firms’ costs, according to a survey of civil litigators.’
Litigation Futures, 4th April 2014
Source: www.litigationfutures.com
‘A pilot of fixed-ended trials will begin in the Chancery Division in less than six weeks’ time – and parties have been warned that they may be given just 24 hours’ notice that they are to be included in it.’
Litigation Futures, 20th March 2014
Source: www.litigationfutures.com
‘Civil litigation reforms implemented last year pose a risk of injustice to clients and a serious reputational risk for solicitors, the Law Society has said.’
Law Society’s Gazette, 13th March 2014
Source: www.lawgazette.co.uk
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