header-logo header-logo

05 June 2014
Issue: 7609 / Categories: Legal News
printer mail-detail

Guidance on Mitchell imminent?

Lord Dyson to preside over three appeals with aim to provide clarification

The Court of Appeal is to hear three consecutive appeals over two days in a bid to clarify the extent and limits of the Mitchell principles.

In an unusual move, Lord Dyson, the Master of the Rolls, will preside over Utilise TDS Ltd v Davies [2014] EWHC 834 (Ch) and two other cases on 16-17 June, according to 39 Essex Street, where barrister Vikram Sachdeva is acting for the appellant. The court hopes to give further guidance for litigators struggling to understand the scope of Mitchell.

In Mitchell v News Group [2014] EWCA Civ 1537, the Court of Appeal refused relief from sanctions for a missed deadline.

The county court this week reinforced the tough line taken in Mitchell for non-compliance with directions, although Lord Justice Jackson has appeared to be suggesting a more lenient approach.

Capital Home Loans Ltd succeeded in a case against Fozia Shahzad-Rubani, as a result of her legal team’s failure to meet deadlines for the joint instruction of experts and the exchange of witness evidence.

Rebecca Sharpe, partner at Rosling King, who acted for Capital, says: “The rejection of all three of the defendant’s applications shows that the court is not softening its approach to non-compliance and is sticking to the strict Mitchell line. 

Declining to grant relief, District Judge Langley emphasised that Mitchell makes clear that potential injustice is overridden by the need to enforce compliance with orders and directions. 

In March, Lord Justice Jackson said parties should be able to agree sensible variations of time limits, in his paper to the Civil Justice Council conference

Writing for NLJ online this week, Jeremy Ford, 9 Gough Square, says Jackson LJ recently elaborated on this point in his lead judgment in Hallam Estates v Baker [2014] EWCA Civ 661, making it “clear that parties are obliged to further the overriding objective by avoiding contested applications and agreeing reasonable extensions of time”.

He says Hallam confirms that the Mitchell principles are avoided if an in-time application is made and that all six of the factors listed for consideration in the overriding objective have equal weight.

See also Dominic Regan’s cut-out and keep guide for litigators post-Mitchell in this week's NLJ.

 

Issue: 7609 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
back-to-top-scroll