10 Dec 2013 - , 00:00
The decision in Mitchell v News Group has sent reverberations across the litigation sector, as was the Court’s intention.
But aside from the clear message within the decision itself, the ruling has significant implications for the way we all conduct litigation.
This 1 hour talk analyses the decision as regards the wider ramifications, including:
- The distinction, if any, between relief from sanctions and extensions of time
- Whether every potential failure merits an application and if so, in what form and in what terms
- The implications for agreeing extensions of time (or revised timetables) with opponents
- The likely future approach of the courts regarding:
- Breach of an Unless Order
- Failure to comply with a date in an order
- Failure to comply with a Rule which does not carry express sanctions
- Failure to comply with any practice direction or pre-action protocol