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I was recently in my local court on two cases before two different judges and as neither application was opposed I discussed Mitchell with both. One said that he had taken an Oath requiring him to make decisions that were Just and so he had great difficulty in applying Mitchell and was taking every opportunity to avoid it. The other said he was applying Mitchell robustly.

Two judges in the same court and it was clear that both would take a different approach to the application of Mitchell. Far from providing clarity and certainty, Mitchell has had the ooposite effect as the judiciary are now trying to lessen the impact.