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The legal debates that could shape the future of litigation

The Court of Appeal (Lord Dyson MR, Lord Justice Jackson and Lord Justice Vos) is hearing three appeals concerning the proper approach to relief from procedural sanctions following the landmark decision in Andrew Mitchell MP v News Group Newspapers [2013] EWCA Civ 1537.

DWF represents one of the appellants, Decadent Vapours Ltd, whose claim was struck out as a result of failure to pay a court fee on time in breach of an “unless” order, and whose application for relief was refused by the first instance judge.

The other two appeals are T H White Ltd v Denton, in which the judge admitted late witness statements and adjourned a trial, and Utilise TDS Ltd v Davies, in which relief was refused when a costs budget was filed 41 minutes late. The Court has also invited submissions from the Law Society and Bar Council about the “general impact” of Mitchell.

The hearing has been described by the Law Society Gazette as “two days of legal debates that could shape the future of litigation”. Judgment is to be reserved.

DWF is conducting the appeal on behalf of Decadent Vapours Limited after the company dis-instructed its original lawyers.  

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.