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The Mitchell decision and the breakdown of meaning

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Following the recent further spate of Mitchell-related decisions, it has been determined after careful study of the ratio in each ruling that judges are simply making this stuff up as they go along. So the upshot is…

1. You definitely can’t get an extension of time for serving witness evidence absent a good reason. Unless you can.

2. You definitely do need to show a good reason for extending time if you apply in advance. Unless you don’t.

3. The new post-Jackson addition to the Overriding Objective is very important and underpins any breach of an Order. Unless it isn’t and it doesn’t.

Glad to clear that up.


1 Comment

Not Amused

Please don’t forget that EVERY time a party complies with and fills in the Precedent H form his counsel is told “this isn’t the lateset form”. Even if it is.

And

It is essential for trial counsel to attend all CMCs. Even if there is nothing to say.

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