Costsblog

Legal costs – a view from the inside

RELIEF FROM SANCTIONS – UNIFIED

Kerry Underwood’s masterful, encyclopaedic blog on relief from sanctions – a must read!

Kerry Underwood

                                            

 GENERAL PRINCIPLES 

The Mitchell case dominates discussions and has provoked fury amongst lawyers and is now simply being ignored by many judges in many courts who are in open rebellion in a manner unprecedented in recent times.

Barrister Gordon Exall refers to “mayhem and madness” following the Mitchell decision and says:

“When the matter is reviewed in the fullness of time it is likely that it will be seen as a major setback to the principles of case management.  It has allowed the rules to become an end in themselves”.

I am greatly indebted to Gordon Exall (http://civillitigationbrief.wordpress.com/author/gexall/) for much of the information in this piece.  Gordon’s blog is essential reading for all litigators.  You can also follow Gordon on Twitter @CivilLitTweet.

Receiving far less attention is a very different decision of the Court of Appeal, but one which enjoys equal status to Mitchell

View original post 20,002 more words

Advertisements

Written by Jon Williams

February 25, 2014 at 6:23 pm

Posted in Opinion

%d bloggers like this: