Comply or apply

No civil litigator can have failed to hear about Mitchell v News Group Newspapers [2013] EWCA Civ 1537 [2013] All ER (D) 314 (Nov) and its subsequent cases saying, in short, that following the Jackson reforms of April 2013, no mercy will be shown to solicitors acting for litigants who fail to comply with court orders. Part of the Jackson reforms were implemented by CPR 1.1(2)(f) which states that the overriding objective of dealing with cases justly and at proportionate cost includes “enforcing compliance with rules, practice directions and orders”. This means that even where the parties agree otherwise, the court may nevertheless impose sanctions against defaulting parties.

The “good old days”?

For those of us who defend claims against solicitors, it is interesting to contemplate how this will give rise to professional negligence claims, as they increasingly arrive on our desks. The rising potential for claims is obvious.