0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

courts start to enforce Mitchell decision

18 December 2013

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.

related opinions

Remote trials – here to stay?

With cross-country travel and in person gatherings largely prohibited due to the Covid-19 pandemic, the Courts are using remote or virtual trials to ensure the justice system ticks along.

View blog

Directors who fail to prepare, should prepare to fail

Two recent judgments demonstrate the risk that directors (of insolvent companies) face of being personally liable if appropriate records and procedures are not followed and if it cannot be shown that certain payments were in the interests of the company.

View blog

Remote mediation – here to stay?

Mediation has long been considered an effective method of alternative dispute resolution. With ‘in-person’ mediations no longer possible, remote or online mediations have risen to the fore.

View blog

Impact of Covid-19 upon level of fine

Two cases have considered the issue of Covid 19 as part of the sentencing exercise. In the most recent, failures by a principal contractor Modus Workspace, who design and refit refurbishments, led to a £1.1 million fine after an engineer was injured from a fall from a roof.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up