It may be thought that commentary on issues of procedural default is in abeyance until the Mitchell decision from the Court of Appeal. However, as recent posts have shown, cases are still coming through thick and fast. When a judge makes the observation cited above that case clearly requires close...
In my view, an inconsistent application of the Jackson principles is worse than a strict interpretation. In other courts, this would have been grounds for a strike out, not a final extension of 14 days. Clients are buoyed up by the “good” decisions and it can be hard to explain why they may not succeed on their claim/defence. Unfortunately this uncertainty will not be resolved until the Court of Appeal has seen and ruled on Jackson more than once (Mitchell v MGN is not going to be enough).