I suspect that this series could go on indefinitely.  It is drawn to a close with a round up of the key points.


1. Know what happened in Mitchell and how it could have been avoided.

2. Assume every order of the court is a peremptory order

3. If you can’t comply with an order making an order for an extension before the order is breached.

4. Be careful when agreeing variations of the directions

5. The original article was can you even agree extensions of time?  We know you soon can but be very careful

6. Be ready for trial the day you issue: have a plan

7. Make sure your witness evidence proves your case

8. Use the Pre-Action Protocols to the Full

9. Was about agreeing extensions of time, again I repeat be wary even under the new rules.

10. Again considered extensions of time

11. Be prompt, be very prompt.

12. “Mitchell proof your case from cradle to grave” (courtesy of Legal Orange).

13. Read Kerry Underwood’s Rules of Survival

14. Know about credibility

15. Share the pain

16. Deal with “fish files”

17. Rule 3 repeated (without apology): make applications before deadlines and obtain realistic directions.

18. Know that 99.98% of litigators are stark raving bonkers

19. Practice defensive litigation or don’t practice at all.


I have pondered this a lot.  I think I will credit this to Chris Dale, who cites this extensively.




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