Dominic Regan provides a self-help guide post-Mitchell
No procedural decision has created so much pain and paranoia as that of Lord Dyson MR in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, [2014] 2 All ER 430. What follows are a few suggestions which will help litigators sleep at night:
- When first instructed by any client write and emphasise that you must have their full and immediate cooperation throughout. Otherwise, there will be a real danger that, no matter how strong their case, it could be dismissed for failure to abide by court orders and deadlines. It would be prudent to convey the same message to your experts as well.
- If claimant, only issue, subject to limitation, when comfortable. Do not rush into proceedings when ill-prepared. You need to be in control and on top of each matter. When proposing directions build in a layer of breathing space. Do not be over-optimistic about how quickly steps can be taken.
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