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Decisions relating to the compliance with directions are like buses; you wait ages for one and then they all come at once.
We waited until the end of November for the Court of Appeal’s decision in Mitchell; however decisions demonstrating the court’s strict approach following the Jackson reforms are now coming in thick and fast, with two decisions published today.
In Adlington & 133 Ors v Els International the judge held the failure of 7 of the 134 claimants to sign a statement of truth, due to holiday commitments, could not be categorised as “trivial” as defined in Mitchell. Accordingly he would not grant those claimants relief from sanctions.
In Durrant v Chief Constable of Avon & Somerset the Court of Appeal held, that while it will not interfere with case management decisions lightly, the robust approach set out in Mitchell must not be undermined by lower courts’ decision.
The message from the courts is clear: relief from sanctions will rarely be granted where a party fails to comply with directions.
On 14 January 2019 a Capped Costs Pilot Scheme was introduced in the Leeds and Manchester Business and Property Courts, and has been set to run for two years.
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In a lengthy majority judgment accompanied by two powerful dissenting opinions, the Supreme Court found yesterday that land acquired and held for statutory purposes cannot be registered as a village green where that registration is incompatible with the statutory purpose for which it is held.
The decision of the Supreme Court extends the scope of whistle-blower protection and is a wider approach than that taken in direct discrimination claims.
An 89 year old former patient pathway co-ordinator has been awarded £200,000 by an Employment Tribunal for unfair dismissal and age and disability discrimination following her dismissal on capability grounds.
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