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07 February 2014 / Nicholas Heaton
Issue: 7593 / Categories: Features , Litigation trends
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A sea change

 Will Mitchell herald a whole new culture of conducting civil litigation, asks Nicholas Heaton

Commentators on the Court of Appeal’s decision in Mitchell v News Group Newspapers [2013] EWCA Civ 1537, [2013] All ER (D) 314 (Nov) have so far focused on the justice or otherwise of the decision, or on its importance in terms of the rules on costs budgeting. In time, however, the Mitchell decision may be seen as the catalyst for something far more ground-breaking: a whole new culture of conducting civil litigation. The case may allow the Jackson reforms to achieve something that the Woolf reforms did not manage—a more general understanding that the rules are there to be obeyed.

Power of the courts

One of the key innovations in the Woolf reforms was that responsibility and control of litigation would shift from the litigants and their legal advisers to the courts. A range of case management powers was duly included in the new Civil Procedure Rules, the idea being that judges would fix and enforce strict timetables for procedural steps leading

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MOVERS & SHAKERS

Cripps—Radius Law

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Commercial and technology practice boosted by team hire

Switalskis—Grimsby

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Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

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Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
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