Monthly Archives: January 2014

Predictions for 2014

A little later than normal, I have remembered it is the time of year for predictions. Usually this happens in December or early January so, on any view, I am a fraction late this year.

The Society of Computers and Law publishes predictions gleaned from a number of people in the IT and E discovery industry each year.

This year, we were asked not only for our predictions but also to say what we thought was the most surprising development of the past year and to comment on what we thought was the most surprising event which had not happened in the past three years.

Catch up with the eDiscovery and IT predictions for 2014 by logging into the SCL website here. Continue reading

Mitchell Round Up

In the wake of the Mitchell case, my attention has been drawn to a really useful updater blog posted by barrister Gordon Exall, which currently lists the decisions in five subsequent cases around the country, all of which feature some kind of sanction or relief from sanction for procedural breach.

The post is entitled Mitchell: Case Watch and the cases currently listed are:

  • Durrant -v- The Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624
  • Addlington and 113 others -v- Els International LLP (2013)
  • SG DP Petrol SRL -v- Vitrol SA [2013] EWHC 3920
  • Norseman Holdings Ltd -v- Warwick Court (Harrold Hill) Management Company Ltd [2013] EWHC 3868
  • Forstater and Mark Forstater Productions Ltd -v- Python (Monty) Pictures Ltd and Freeway Cam (UK) Ltd [2013] EWHC 3759

Each section includes the Bailii or other case reference, the brief facts and the salient parts of the judgments which indicate how the principles in Mitchell are being applied. The piece also contains links to the case reports in each case.

Gordon Exall says that his Case Watch is going to be updated as new cases happen, so it is certainly worth making a note of the above link if you want to keep up to date with developments in this important area of practice and procedure.

 

Off we go again!

As the New Year starts and everyone goes back to work, thoughts will inevitably turn to how lawyers should deal with the new rules which came into force last year. Actually, I have decided that I should no longer refer to them as the “new” rules. The civil justice reforms have been in effect since April 2013 and there has been a number of cases since then relating to interpretation and enforcement.

Significantly, and just before Christmas, His Honour Judge Simon Brown QC completed his series of articles on the reforms which was published online by the New Law Journal at http://www.newlawjournal.co.uk/nlj/content/fall

In typically robust style, the learned judge categorises his article as reassurance to “nervy post Mitchell practitioners” that it is all quite simple provided you follow the rules and guidance already given.

This final article is also significant and important because it contains case studies of two recent cases decided by the judge as well as his informed commentary and also carries links to important related articles, so you have a compendium of the reforms and a commentary all in one place.

Well worth a read and perhaps practitioners may wish to tuck away the link for reference purposes as the year moves forward.

Which brings me to The Lawyer round up of the top 20 litigation cases for 2014

While it is gratifying to see so many cases where Millnet has been involved in providing advice and assistance to the parties, the list of cases goes to show that there is a huge amount of litigation going on at this time. The need for practical and cost effective advice is ever present if practitioners are to comply with the civil justice reforms.

Happy New Year.