Be a little patient with Mitchell, says Master of the Rolls

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Lord Dyson, The Master of the Rolls, has said that lawyers will need to be a "little patient" while waiting for clarity over relief from sanctions.

 

Speaking at an event run by the Civil Justice Council, which looked at how the LASPO Act has played out over the last year, he hinted that lawyers will have to wait for further guidance from the Court of Appeal over the next 12 months before the fallout from the Mitchell decision dies down.

 

Litigation Futures reported that Lord Dyson was unrepentant over what had been decided in regards to the Mitchell decision and that problems had resulted from some "ridiculous" decisions by district judges. He added that guidance had to be applied in a sensible way.

 

"It is not for the CJC or any other body to provide extra-judicial guidance on how Mitchell should be applied," he said.

 

"I am in no doubt that over the next 12 months there will be cases in which the Court of Appeal will have to decide whether a lower court has applied the Mitchell guidance properly, so you will have to be a little patient."

 

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Marek Handzel

Marek Handzel is the editor of Claims Magazine. Marek welcomes articles, letters, or feedback from readers and can be reached by emailing marek.handzel@barkerbrooks.co.uk