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One of the problems generated by Mitchell, and quite unnecessarily so in my opinion, is the total loss of all costs by way of a penalty. One can argue whether a six day delay, having had only from 5 th to 11 th June to file the document anyway, and causing no one any loss, is trivial or not. But did the penalty have to be so harsh? Why not just a loss of costs of the day, or a specific sum payable immediately, say £1,000 payable in seven days. That would have hurt without all this chaos. What more serious sanction is now available to the court for more serious and deliberate breaches of the rules? It is like a magistrate fining a motorist the maximum for exceeding a speed limit by 20 mph. He leaves himself nothing more with which to punish the one who does so by 50 mph.