Mitchell “climate of fear” slammed by Thompsons

Thompsons Solicitors has said that the Jackson reforms and Mitchell decision have created a climate of fear and that recent pronouncements on Civil Procedure Rules by the Judiciary have made a "mockery of fairness".

Responding to the Civil Justice Council call for evidence on the impact of the reforms to civil litigation, the Personal Injury giant is reported by the Law Society Gazette to be able to provide "numerous examples of inconsistent decisions" since the Mitchell ruling.

It also says that parties that would in the past have worked together to agree extensions of time have now refused to make any agreement.

"Whereas previously apart from in a minority of cases (which were the only ones that came to the notice of the judiciary) the parties would agree between themselves to vary directions but in a way that avoided any change to the trial window," said Thompsons response.

"However, now that obtaining procedural advantage has become such a potentially devastating prize, cases where there was co-operation are being replaced by litigation by ambush."

Mark Dugdale