Court of Appeal to hear three appeals on Mitchell principles

The Court of Appeal has listed three appeals relating to the Mitchell principles to be heard over two days later this month, it has been reported.

The Court ruled last November in Mitchell v News Group Newspapers (known as the ‘plebgate’ case) that the solicitors for Andrew Mitchell MP, who was suing The Sun newspaper for defamation, would not be able to recover their costs because they failed to comply with directions on filing a costs budget.

According to 39 Essex Street, three cases examining the principles established in Mitchell – in particular in relation to ‘trivial breaches’ – will be heard by the Master of the Rolls, Lord Dyson, and other judges on 16-17 June. The MR gave the judgment of the Court in the Mitchell case.

39 Essex Street said: “The issue of the true meaning and ambit of the Mitchell principles is a matter of great controversy. Although there have been individual appeals on their facts to the Court of Appeal since Mitchell, there is no case which purports to resolve the various controversies of the Mitchell doctrine.

“It is hoped that the court will give further guidance which will enable litigators to properly understand the application of the Mitchell principles and their limits.”

Vikram Sachdeva, a barrister at 39 Essex Street, is acting for the Appellant in one of the three cases: Utilise TDS Limited v Davies [2014] EWHC 834 (Ch).