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14 February 2014
Issue: 7595 / Categories: Legal News
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Senior judges signal Mitchell relief

Policy swerve from Jackson reforms?

A draft amendment to the model direction for clinical negligence, allowing for time extensions, has been approved by the deputy head of civil justice and the President of the Queen’s Division, in what appears to be a policy swerve in reaction to the Jackson reforms and the Andrew Mitchell case.

The amendment allows parties to agree extensions of time of up to 28 days without the need to apply to court.

For longer periods of extension, the court would require no more than an email with a brief explanation of the reasons, confirmation it would not prejudice any hearing date and a draft consent order in word format. The court would then consider whether a formal application and hearing is necessary.

Claimant lawyer Kerry Underwood, chair of Underwoods Solicitors, said: “It is hoped that it will stem the flow of applications for minor extensions of time.”

A spokesperson for the judiciary said: “A draft amendment to the clinical negligence model direction used by the Queen’s Bench Masters, allowing for times set by the directions to be extended by up to 28 days by agreement, has been approved by the PQBD and Deputy Head of Civil Justice but no decision has been taken on whether there should be any general change to model directions or to standard directions under the Civil Procedure Rules.  

“This is the subject of discussion within the Civil Procedure Rule Committee and any decision will require the approval of the Master of the Rolls.”

David Greene, partner at Edwin Coe and NLJ consultant editor, says: “This is hardly the rolling back of the Mitchell principles. It allows parties to agree extensions but this will not assist in relation to budgets, which was at the heart of the Mitchell decision. Further it will not guard against a regime that encourages aggressive litigation tactics. Hopefully however it will assist the parties to run a sensible programme of litigation to resolve disputes.”

Andrew Mitchell MP’s lawyers were sanctioned for not complying with strict deadlines on costs budgeting introduced by the Jackson reforms, in his recent libel case against News International over “plebgate”. This left his solicitors unable to claim costs apart from court fees if they won, a potential loss reported as being as much as £500,000.

Issue: 7595 / Categories: Legal News
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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
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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
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