Focus on: Mitchell
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Walking the tightrope Litigators will not be able to put a foot wrong after the Court of Appeal upheld the Mitchell v News Group Newspapers costs ruling
upheld an original decision by Master McCloud in the High Court which restricted Mitchell's solicitors to their court fees as a result of their failure to comply with TheCivil Procedure Rules (CPR). The strict line taken by the courts – Master McCloud said that
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excuses given for missing deadlines such as pressures of work, the absence of staff and unexpected delays with counsel were not acceptable – delivered a very clear message to litigators over CPR. Solicitors must now accept that court orders are binding and that breaching them in the post-Jackson environment would lead to serious consequences. The fallout so far has seen subsequent judicial decisions
over rules broadly taking their cue from the Mitchell decision with some notable exceptions (see box out page 40), leaving
36 /Claims Magazine/Issue 11
s far as the mainstream news world is concerned, the Plebgate case, involving the MP Andrew Mitchell suing the Sun newspaper for libel, is ancient history.
But the case took on a new life after the Court of Appeal
many solicitors both deeply concerned and shocked, calling the decision a triumph of procedure over justice. Tracey Head, a partner at Kennedys, said at the time of the
decision, made on 27 November, that the Court of Appeal had used the Mitchell case to publicise changes in how civil litigation is conducted. “The decision signals a more robust approach to case
management and is likely to strike fear into lawyers and their clients," she said, also warning that the ruling would mean that both lawyers and judges would have to undergo a large culture change. Also speaking at the time, Murray Heining, chairman of the
Association of Costs Lawyers, said that the judgment would give "Ethelred-type lawyers" sleepless nights. "Those practising in civil litigation, if they have not already
reviewed their practices and procedures, must do so now and ensure that they have the resources to ensure compliance with
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