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Costs—Case management—Regime

06 December 2013
Issue: 7587 / Categories: Case law , Law reports , In Court
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Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov)

Court of Appeal, Civil Division, Lord Dyson MR, Richards & Elias LJJ, 27 November 2013

The Court of Appeal has set out guidance as to how the new approach to an application for relief from sanctions under CPR 3.9 should be applied in practice: the new more robust approach will mean that relief from sanctions should be granted more sparingly than previously.

Simon Brown QC and Richard Wilkinson (instructed by Atkins Thomson Solicitors) for the claimant. Nicholas Bacon QC and Roger Mallalieu (instructed by Simons Muirhead and Burton Solicitors) for the defendant.

The claimant was formerly the chief whip of the Conservative party. The defendant owned a newspaper which, in September 2012, reported that the claimant had abused police officers in an incident which became known as “plebgate”. In March 2013, the claimant issued proceedings against the defendant in defamation. The proceedings were subject to CPR PD51D Defamation Proceedings Costs Management Scheme, which provided

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Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
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