SURVIVAL AFTER MITCHELL: 30 POINT PLAN: WEBINAR AVAILABLE ON DEMAND
The CLT Webinar I did last week on 30 points of avoiding problems after Mitchell is now available on demand from CLT. Not only is this an economic way to get you training done it is a whole lot cheaper than a negligence claim or an application for relief from sanctions. (There are, in fact, considerably more than 30 points).
THE CONTENTS (FROM THE CLT WEBSITE).
It is no exaggeration to state that if you do not understand the implications of the Mitchell decision you are unlikely to survive in litigation.
In November, the Court of Appeal ruled that Andrew Mitchell MP could not recover the costs of his defamation claim due to his solicitors’ failure to file a costs budget on time. However the case has much wider implications in relation to compliance with court rules and relief from sanctions.
The decision in Mitchell and subsequent cases suggests that relief from sanctions will not be readily granted. This can have a major impact on the case for claimants and defendants. Practitioners could regularly find themselves having to notify their own insurers due to relatively small failures to comply with rules or directions.
This webinar which is presented by practising barrister, leading blogger and author Gordon Exall, will explain exactly what went wrong for the claimants in Mitchell v NGN, highlights the areas that are most likely to cause difficulty and provides 20+ tips for avoiding procedural difficulties in the post-Mitchell world.
- Mitchell explained
- CPR 3.9 and relief from sanctions
- What is a “trivial breach”?
- Claim Form traps
- Applications for extension of time – tips for success
- Witness statements – a reminder of the rules and what you should do if your opponent defaults
- Part 8 proceedings and costs budgets
- The Case Management Conference
- Managing your caseload
- Part 36 Offers”