No civil litigator can have failed to hear about Mitchell and its subsequent cases saying, in short, that following the Jackson reforms of April 2013, no mercy will be shown to solicitors acting for litigants who fail to comply with court orders. Part of the Jackson reforms were implemented by CPR 1.1(2)(f) which states that the overriding objective of dealing with cases justly and at proportionate cost includes “enforcing compliance with rules, practice directions and orders”. This means that even where the parties agree otherwise, the court may nevertheless impose sanctions against defaulting parties.
4 days ago
6 days ago