Entries by Toby Moreton


Mitchell in Action

The Court of Appeal applies the guidance in Mitchell for the first time, overturning the High Court’s decision to grant relief from sanctions for non-compliance with an order requiring service of witness statements by a specified date.


Court of Appeal guidance on the correct application of CPR r.3.14 and approach to the revised version of CPR r.3.9. Relief from sanctions would not be granted where deadlines were overlooked, so solicitors should not take on so much work that they were unable to meet them.

Fixed Costs v The Standard Basis

A Costs Officer conducting a detailed assessment on a standard basis was not precluded from considering whether the claimants’ costs should be limited to those recoverable under stages 1 and 2 of the Pre-Action RTA Protocol where there was a consent order in which the defendant agreed to pay the claimants reasonable costs.