Article summary
This week has seen the Court of Appeal, in a line up including the Master of the Rolls and Lord Justice Jackson, consider three appeals dealing with the fall out from the previous Court of Appeal decision in Mitchell heard last year. Whilst the judgment has been reserved, we have provided a report in which we look at the three decisions and highlight some of the issues discussed in the hearings. We have also reported Patterson—in dismissing an application for relief from sanctions the court provided a recap of the decision in Mitchell with reference back to the assistance provided in the 18th Implementation Lecture. Amongst the cases also reported by us this week is Americhem in which the TCC held that a Precedent H signed by a costs draftsman remained valid even though the draftsman could not be properly categorised as a ‘senior legal representative’ as required by a combination of Practice Direction 3E and CPRs 2.3(1), 3.13 and 3.14. We...
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