“STANDING MITCHELL ON ITS HEAD”: YOU SHOULDN’T EVEN BE TAKING THE POINT SAYS HIGH COURT JUDGE: WHY LITIGATORS ARE LIVING WITH THE MITCHELL DILEMMA

Some of the (repeatable) epithets used to describe the consequence of the Mitchell judgment are “mayhem” “madness” and “mess”. In  Summit Navigation Ltd-v- Generalia Romonia [2014] EWHC 398 (Comm) Mr Justice Legatt was critical of a party who took a “Mitchell” point in relation to the late provision...