header-logo header-logo

A sea change

07 February 2014 / Nicholas Heaton
Issue: 7593 / Categories: Features , Litigation trends
printer mail-detail

 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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

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
back-to-top-scroll