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
Check out our straightforward definitions of common legal terms.
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Access our unrivalled global news content, business information and analytics solutions
Insurance, risk and compliance intelligence using big data, proprietary linking and advanced analytics.
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
Frances Coulson at Moon Beaver looks at the Court of Appeal case of Denton v TH White; Decadent Vapours v Bevan; Utilise TDS v Davies which provides useful guidance on Mitchell and relief from sanction.
Denton v TH White Ltd; Decadent Vapours Ltd v Bevan; Utilise TDS Ltd v Davies  EWCA Civ 906,  All ER (D) 53 (Jul)
The Court of Appeal considered three cases from Bristol, Cardiff and Manchester District Registries, in a judgment handed down on 4 July 2014 grouped together to deal with the problems and uncertainties surrounding relief from sanction. In Denton v TH White Ltd; Decadent Vapours Ltd v Bevan; Utilise TDS Ltd v Davies, Dyson MR brought some welcome common sense in granting the three appeals—although the decisions still leave some room for tactical hostility and wasted costs.
Dyson said that the guidance in Mitchell v News Group Newspapers Ltd  EWCA Civ 1537,  2 All ER 430 has been ‘misunderstood and is being misapplied by some courts’, although said it was ‘substantially sound’. He said that it is necessary in every case to consider all the circumstances of the case—recognising that some judges have reacted rigidly to timetabling breaches, while other judges have adopted an approach of giving pre-eminence to the need to decide the claim on the merits.
Frances Coulson from Moon Beaver analyses the implications of the case here:
New Guidance on Mitchell - any clearer now?
The views expressed by our Legal Analysis interviewees are not necessarily those of the proprietor.
If you are a LexisPSL Subscriber, click the link below for further information:
Jackson reforms one year on - how has it affected solicitors? (Subscriber access only)
Not a subscriber? Find out more about how LexisPSL can help you.
Free trials are only available to individuals based in the UK
* denotes a required field
0330 161 1234