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PRACTICE: End of the line

08 August 2014  

Neil Jamieson reviews the new ‘buffer rule’ and recent Court of Appeal decisions: the end of post-Mitchell ‘zero tolerance’?

In just a few months, we have come a very long way since the now infamous decision of Mitchell MP v News Group Newspapers Ltd [2013], where, as most legal practitioners will be acutely aware, Master McCloud assertively decided to limit a party’s costs recovery to court fees, as a penalty for filing its costs budget six days late. The decision was a bold one, even in the post-Jackson era, but was firmly endorsed by the Court of Appeal, whose judgment has since been pored over, applied and referred to constantly by all those involved in court proceedings. Although the decision must be lauded as a welcome development in terms of fostering a new culture of efficiency and rule compliance (previously sorely lacking), it has however had some rather unfortunate side effects.

 

Additional Info

  • Case(s) Referenced:

    Denton & ors v TH White Ltd & anor; Decadent Vapours Ltd v Bevan & ors; Utilise TDS Ltd v Davies & ors [2014] EWCA Civ 906

    Hallam Estates Ltd & anor v Baker [2014] EWCA Civ 661

    Mitchell MP v News Group Newspapers Ltd [2013] EWCA Civ 1537