This was the decision of Mr Justice Norris in the Chancery Division of the High Court. There had been a failure to serve a Notice of Funding but the paying party had been informed by letter that the receiving party was represented under a CFA. Paragraphs 37 to 47 deal with the application for Relief from Sanction under CPR 3.9. Despite the application being heard under the stricter post 1 April regime, relief was granted subject to conditions. The decision in Mitchell is addressed in paragraph 63.
The Court of Appeal has handed down its much anticipated judgment in the matter of Mitchell v News Group Newspapers . Mr Mitchell’s appeal was dismissed on all grounds. His budget remains as including Court fees only, and this is the limit of the costs which he is likely to be able to recover if his claim is successful.