Sweet Relief: To Mitchell or Not to Mitchell, That Is the Question - Andrew Sugarman & Gareth Price, Parklane Plowden Chambers
21/07/14. Andrew Sugarman and Gareth Price take stock of the position on relief from sanction following Mitchell and Denton. “I'm just a soul whose intentions are good Oh Lord, please don't let me be misunderstood”. So said Nina Simone, then The Animals and more recently the Court of Appeal, albeit with less of an expectation of chart success. However, the Court of Appeal’s seminal judgment in Mitchell v. Newsgroup Newspapers Limited [2013] EWCA Civ 1537 has (apparently) been badly misunderstood. So says the Court of Appeal itself in Denton & Ors v. TH White Limited & Ors [2014] EWCA Civ 906. Indeed, the only other recent example of a misunderstanding on this scale was when Luis Felipe Scolari told his defenders to play without inhibition.
BACKGROUND
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The amendment to Rule 3.9 of the CPR in April 2013 resulted in the removal of the familiar checklist of factors and its replacement with a requirement that the court consider “all the circumstances of the case” so as to enable it act “justly” but specifically having regard to the...
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