Procedural failures to bring more professional negligence claims?

5 March, 2014
by: Cripps Pemberton Greenish

It has become increasingly clear that an important decision last year in the Mitchell libel case indicates that the courts are now much less likely to grant relief from sanctions where there have been procedural breaches.

What are the effects likely to be?

It seems that there will be less co-operation between solicitors on opposing sides and a temptation for procedural point scoring.

There may also be more negligence claims arising against solicitors who fail to adhere to strict court timetables, given the consequences arising for the claimant or defendant as a result.  More applications and claims are likely to result, potentially increasing the burden for the court.

A backwards step? 
The Gazette articles below provide food for thought:

https://www.lawgazette.co.uk/practice/experts-wriggle-room-gone-after-mitchell-ruling/5038965.article

https://www.lawgazette.co.uk/practice/life-after-mitchell/5039161.article