The decision of the Court of Appeal in Mitchell v News Group Newspapers Ltd is a national disgrace.
Where is the proportionality in the judgment? The Court of Appeal, by its own admission, has had no regard to the justice of the situation but has made its decision based entirely on policy considerations. The effect on the insurance premiums of solicitors undertaking civil litigation will be catastrophic.
We are a niche civil litigation firm which has been in existence for over 30 years. We have never had a claim made against us; a record of which we are proud. However, we are also human and, as such, possess human frailties.
It appears that being human is no longer sufficient for the Court of Appeal. Perfection, and nothing less, is what is now required. And this from a rules committee of which the overwhelming majority of members have never set foot in a firm of solicitors.
My firm’s response to the decision is to reassess our future. Is this the effect desired by the Court of Appeal? This judgment must not be allowed to stand; neither must the rule which gave rise to it.
Patrick Moran, Moran & Co, Tamworth