Restoring balance post Mitchell alongside potential further use of ADR

It is worth trying to set in context recent post-Mitchell developments within the last week which have restored some balance to the important issue of compliance with rules, while at the same time looking at alternative options available to insurers to take forward settlement of claims.

Chartwell v Fergies

Last week we had the Court of Appeal's reasons for upholding the decision of the High Court judge who allowed relief from sanctions in a situation where both sides had failed to exchange witness statements in compliance with a case management order, in a situation where of course CPR 32.10 provides a sanction. The decision is important, not only because it is the first time that the Court of Appeal have upheld a view that relief from sanctions should be given, but also because the decision goes a long way in trying to establish more neutral territory in which a more measured approach to default is taken.

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

Simon Denyer


I am the Strategic Legal Development Partner within the Insurance team.