Comply or apply - Jackson and Mitchell: impact on claims against solicitors

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.

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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.