The Year We Got Mitchelled

[major_clanger]

The rather dramatic denouement to the Mitchell libel trial - or rather trials, because Mitchell was suing News Group Newspapers, and was being sued by PC Rowland - brings to an end a saga that has not only involved stroppy MPs, leaky police and massive legal bills, but has also led indirectly to what any English civil litigation lawyer is going to

Comments

[don_fitch]

As an elderly USAn, I'm pretty firm in the opinion that the Law ought to be precise & rigid, with Judges being allowed some compassion. If a soliciter/lawyer is required to file something on or before Nov. 2nd, and fails to do so, such incompetence or contempt of court seems to me to deserve... oh, not indefinite imprisonment, but at least a few moths in jail. And permanet disbarment. Okay, I'll go along with a once or twice "don't do that again" plus a reasonably substantial fine, but the third time....

The British Legal System doesn't operate that way? Neither does the American, as far as I know. *sigh*

[major_clanger]

The usual way the English* courts punish delinquent lawyers is via costs. The English and Welsh legal system has the following features

[brixtonbrood]

I think "we're a bit crap", which was essentially the solicitors' grounds of appeal, should neverhace been allowed to stand. "My client got run over by a bus and couldn't sign the papers", that's the kind of thing I'd allow as an excuse for delay. However, with my solicitors' errors and omissions insurers hat on, the Mitchell position is pretty bloody scary, and has the potential to turn small litigation practices from "almost uninsurable" to "completely uninsurable", which has it's own downside.

[brixtonbrood]

I assume Mitchell was waiting to win his case (hah hah) before launching a professional negligence claim against his solicitors, so they're probably breathing a sigh of relief that they lost.