0370 270 6000

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

The Future of Mediation

In an effort to build a stronger justice system, a shift in priorities has emerged away from adversarial court battles and more towards opportunities for consensual resolution. As one of the most popular forms of Alternative Dispute Resolution (ADR), mediation has become increasingly encouraged.

View blog

Sequana: Supreme clarification on the duty owed to creditors

The Supreme Court has unanimously dismissed the BTI v Sequana appeal and reviewed the existence, content and engagement of the so-called ‘creditor duty’; being the point at which the interest of creditors is said to intrude upon the decision-making of directors of companies in financial distress.

View blog

Job applicant receives settlement due to unlawful age discrimination at interview

Janice Walsh applied for a job with Domino’s Pizza, hoping to secure a role as a Delivery Driver. However things quickly took a turn for the worse during her initial interview, with the very first question that she was asked relating to her age. Ms Walsh was ultimately informed that she had not been successful in her application.

View blog

Covid Rent Arrears: Cinema operators’ appeals dismissed

The Court of Appeal has dismissed two cases regarding rent arrears accrued during the Covid lockdowns. The cases are London Trocadero (2015) LLP v Picturehouse Cinemas Ltd and Bank of New York Mellon (International) Ltd v Cine-UK Ltd.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up