Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
Find up-to-date guidance on points of law and then easily pull up sources to support your advice with Lexis PSL
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
The much anticipated judgment in Mitchell v News Group Newspaper Limited was today handed down by the Court of Appeal . This case can be regarded as easily the most important civil litigation judgment this year. It is of interest to all civil litigators and no doubt will be reflected upon by professional indemnity insurers.
In the far reaching judgment the Court of Appeal upheld the decisions of Master McCloud who limited the claimant’s costs to court fees as a consequence of his lawyers’ failure to deliver a costs budget seven days before the first case management conference.
The Court held that the defaults were not trivial. The Court of Appeal in refusing to grant relief from sanctions gave guidance as to the approach to be followed in considering an application for relief from sanctions. Relief from sanctions should be restricted to cases where the breach was ‘de minimis non curat lex’ involving insignificant failures or where good reasons for breaches are demonstrated. The administration of justice overrides other considerations. The Court of Appeal endorsed the statements made by the Master of the Rolls in a lecture given by him on 22 March when he said: “Parties can no longer expect indulgence if they fail to comply with their procedural obligations.”
The Court expressed hope that the decision would send out a clear message to litigators. 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 the CPR and all orders made. They must ensure that they have the resources to meet procedural obligations.
I am quite sure that today’s judgment will provoke much discussion and rightly so. The fact that lawyers have firm guidance as to how courts should approach breaches of orders and rules is surely welcome.
This is a judgment that will give Ethelred [the unready] type lawyers sleepless nights. Those lawyers working with a team of experts including Costs Lawyers should sleep more comfortably.
Murray Heining is Chairman of the Association of Costs Lawyers and is a practising Costs Lawyer with over 30 years of experience.
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234