SURVIVING MITCHELL 15: SHARE THE PAIN

April 10, 2014 · by gexall · in Avoiding negligence claims, Expert evidence, Members Content, Relief from sanctions

Most of the burden of complying with time periods and court orders lies with the solicitor. However a solicitor's life can be made easier by making sure that all those concerned with the litigation process know of the deadlines involved and the importance of complying with them. THE CLIENT: MAKE SU...

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Tags: Avoiding negligence claims, Civil Procedure Rules, CPR 3.9, Jackson, Mitchell, Relief from sanctions

2 Responses

litigationPSL · April 10, 2014 at 21:39:44 · →

thanks very prudent points – as ever. I have drafted specific letters to clients for our firm. Also in engagement letter. Experts are warned every step of the way. Have you seen this case – http://www.bailii.org/ew/cases/EWHC/Ch/2014/1037.html – surely all of these arguments could have been avoided if it had been pointed out to the claimant that it was also late with its budget!!(not 7 clear days like Burt v Christie)?
gexall · April 10, 2014 at 22:37:54 · →

Thanks, I was writing about the Kershaw case when your comment came through (see the post). You could put the comment on the post!