Friday, 28 March 2014

THE REVERSE MITCHELL.

In WEBB RESOLUTIONS V E-SURV (2014) the defendant sought to Mitchell the claimant for having failed to serve notice of additional liabilities. The Judge was unimpressed and allowed recovery.
D then sought permission for a renewed oral application , out of time , to go to the Appeal Court. C promptly executed a reverse Mitchell and won. Marvellous Justice.
The excuse for delay was that permission had to be sought from the client and then be forwarded down a chain of command. A thoroughly bad reason said Turner J. , a man who does not exactly demonstrate his feminine touch when dealing with applications.