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The dark side of Mitchell (Pt 2)

26 August 2014 / Daniel Kavan
Categories: Opinion , Procedure & practice , Costs , Budgeting
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The second part of an exclusive NLJ series on controlling costs post-Mitchell using technology solutions, by Daniel Kavan, Damian Murphy & Mark Surguy

In the first article of this series, we submitted that despite the decision in Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2014] 2 All ER 430, care must be taken to ensure that form does not triumph over substance in civil proceedings. We speculated that Summit Navigation Ltd v Generali Romania Asigurare [2014] EWHC 398 (Comm), [2014] All ER (D) 202 (Feb) may temper the Mitchell ruling, and in fact, since our publication, the New Law Journal has reported a further decision on a trio of cases handed down on 4 July, purportedly returning us to a pre-Mitchell era, with the court stepping back from the strict interpretation of the Mitchell ruling (see Denton v TH White Ltd & Anr; Decadent Vapours Ltd v Bevan & Ors; Utilise TDS Ltd v Davies [2014]

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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