Mitchell is a "retrograde step in PI litigation"
The Forum of Insurance Lawyers (FOIL) has warned the Mitchell decision could “mark a retrograde step in personal injury litigation”.
Rod Evans, president of FOIL, says: “For years we have been encouraged...to work sensibly together to resolve the matter as soon as possible at proportionate cost. The Court of Appeal’s (almost) zero tolerance to delay will mark a return to the tactical litigation that had reduced significantly...I have no doubt that parties will now be tempted to try and catch each other out.
“This decision reinforces the advantages to the claimant of front loading a case prior to issue and then forcing the defendant on the back foot with strict timetables. This decision will also encourage opposed applications rather than consent orders.”
