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I suggest Atkins Thomson should now ask The Sun to agree to Mitchell having leave to appeal out of time if an appeal is still possible. They would no doubt refuse then AT should seek leave out of time anyway plus their costs of doing so This would be on the basis that the CofA applied the wrong test, or at least the right test wrongly.

Failing that they might consider discontinuing and starting again against the Met for misfeasance and conspiracy. If they were to win that they could claim the costs of The Sun as a head of damage??? They could also apply for a discovery order against The Sun under Norwich Pharmacal.