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Would it be possible for Mitchell to discontinue his present action, pay the Sun's costs to date and restart against the police and The Sun? Certainly there appears to be plenty of good evidence against the police of misfeasance and conspiracy . Indeed he might even be better off having the Sun as a witness rather than an adverse party with its associated privileges. The Met usually gives in at the door of the court anyway as it is only paying out taxpayers' money after all. And assuming Atkins Thomson complies with all timetables etc they should get their costs.

Whatever happened to 'non-suiting'? Why did Woolf abolish that? Bring back all the old rules, I say, a rap across the knuckles and an unless order would have sorted all this out at a stroke and avoided all this chaos.