November 27th, 2013

More Bad News for Mitchell

The Court of Appeal has ruled that even if Mitchell wins any legal action against the Sun, the former Chief Whip will not be able to recover any of his costs.

As Guido reported at the time, High Court judge Master Victoria McCloud punished Mitchell’s lawyers, including celeb barrister David Sherborne, for failing to submit paperwork on time and his appeal failed this morning.

Which might explain the somewhat budget nature of his press conference yesterday.


  1. 1
    Doug says:

    A disgrace. Hopefully Mitchell can sue these bungling buffoons.


    • 3
      Erm.. says:

      How can a costs claim be submitted before they’re incurred?


    • 19
      Man from the Pru says:

      The solicitors will have insurance to cover their mistake.


      • 34
        M'Learned Friend says:

        They will indeed. And judging by the identity of the counsel appearing on Mitchell’s behalf in the Court of Appeal, the PI insurers are already active.
        So while this makes a terrific story, Guido, in fact it does not stand up. Nothing to see – best you move along etc.


    • 55
      Maximus says:

      Hopefully for him some developing world chief might redirect some British foreign aid back to him. Back-scratching and all that. He should have a word with Tony.


    • 67
      Anonymous says:

      I attended a legal conference on costs and CFAs recently at which it was predicted by a leading Barrister that the refusal to accept the late costs application by Mitchells team would be overturned on appeal, which has turned out not to be the case.

      He also implied that he thought the original ruling was unusually harsh and possibly erroneous and that possibly other non legal considerations had come into play.

      It now appears that Mitchell is intending to bring a further libel case against the fat Downing street plod who penned the immortal ‘ Plebs’ report. Good luck – it will be one person’s word against another as the Plods will close ranks as they always do


  2. 2
    Insurer says:

    Bad news for his lawyers’ PI insurers perhaps. Unlikely it will impact Mitchell personally. At least it shouldn’t.


    • 80
      Litigant in Person says:

      Yes it will; the onus is now on Mitchell to run another set of proceedings, suing his lawyers and the hazards of litigation mean that althoguh he has good reason to feel confident, he cannot be sure unless and until he secures a settlement/judgment. His lawyers may well be feeling very contrite, but the bill is to be paid by the insurers and they will fight hard and use any means they can to avoid liability.

      Furthermore, if he is suing his original lawyers, it is unlikely that they will be able to continue to act for him in the libel case, which means instructing new lawyers, which means in turn incurring even higher fees to cover the cost of the new lawyers getting up to speed on the libale case.

      As ever with the Plebgate affair, it is the process that is the punishment, regardless of the substantive outcome.


  3. 4
    He's Spartacus says:

    Says a man who takes the Murdoch shilling…


  4. 5
    P l e b says:

    Why doesn’t he start by coming clean on what he did say?


    • 26
      Ma­qb­­oul says:

      Start what, pleb?


      • 46
        weed them out says:

        All those members of the police force who think that the PC manning the Downing street gate was verbally abused should be sacked for not having sufficient mental toughness to do the job.

        If you can’t take how do we expect you to dish it out.


    • 56
      Old Hal says:

      At a guess he has a convenient loss of memory (just like young Murdoch) every time that is mentioned, it would save him a lot of hassle and expense if he could just remeber, funny how memory plays tricks.


    • 70
      Sherlock says:

      8 plod investigated

      1 found guilty
      6 to be disciplined
      1 got off because of lack of evidence

      7 out of 8 should be sacked
      1 should be kept under close surveillance


  5. 6

    Why is this justice?


    • 12
      Erm.. says:

      Because libel is hardly life and death. If people want to play that game then they should pay for it.


    • 29
      Ma­qb­­oul says:

      The claims are time barred so it stops the lawyers stringing it out like IT consultants. Justice is therefore swifter and cheaper. You and I pay for these judges and their courts so it is nice to see a bit of efficiency from them.


  6. 6
    Axe The Telly Tax &Religion &Kill All Eco-loons says:

    Can’t he just put it on expenses like everything else.


  7. 8
    P l e b says:

    [Dave] heard Miliband on Desert Island Discs. Miliband is no longer following Marx. He is following Engels instead (Angels, geddit?)

    Cameron’s had a highly paid team of writers working on this one since Sunday. What a fucking waste of money.


    • 35
      Ralph Miliband says:

      And what’s wrong with Engels anyway?


      • 44
        Stalin from beyond says:

        Dear Ralph Miliband,

        as a family who supported me I feel as somebody you look up to.

        Engels never advocated discipline of the proletariat. The ends justify the means.



    • 36
      i don't n eed no doctor says:

      And through it all Miliband will lose the next election,
      Because closer inspection,
      Shows Miliband’s dereliction,
      The tories will win the race, not Engels in space


  8. 9
    nellnewman. says:

    Cameron is a plastic man with no soul.
    He does not believe in anything, and increasingly gets his policy ideas from the latest straw poll on The Daily Mail website.


  9. 10
    Anonymous says:

    A European commissioner warns the UK risks being seen as a “nasty country” as David Cameron unveils plans to restrict EU migrants’ access to benefits.

    So what, time to be fucking awful.


    • 23
      Ma­qb­­oul says:

      Bet this European Commissioner doesn’t live here and is hoping the massed hordes of gypos travelling through his country keep on going.


      • 27
        The British public says:

        What’s nasty about restricting benefits to those who were born here
        or paid into the system?
        We don’t work hard and pay huge taxes to support immigrants from
        all over the world.


  10. 10
    Vote KIP or else says:

    Ha ha ha, did that rich Tory call the police plebs, I still think he did.


  11. 12
    flying over the Westminster Village says:

    It is incredible how a minor incident which lasted all of 45 seconds could cause all this mayhem.

    No wonder the country is in a mess.


  12. 15
    nellnewman. says:

    Cameron commented on “prostrate cancer”. Twice


    • 28
      ANOther says:

      i’m sure the bullingdon thug will have a witty explanation, if someone picks him up on it.

      the man is a bad-tempered, fuckwitted chancer.

      (and i think he probably need to speak to michael fabricant, and soon. that chimps arse on the back of the bloated toff dome is managing to beat even the very best comb-over efforts of his backroom staff.)


    • 69
      Anonymous says:

      yes I spotted that. I thought it was a slip first time!!


  13. 16
    A non emouse says:

    The level of incompetence seen in all sorts of areas in British life is now a major drag on life and the economy in general.
    Causes probably include poor educational standards, the wrong attitudes and even corruption.
    Until we Brits, including the law; take a more professional approach to everything we will continue to decline.
    And it is no good blaming the politicians, or the EU, big business, or the immigrants or anyone else. They would not be able to take advantage if we were all better at what we did and how we dealt with each other and them.


    • 30
      Trust me I'm no expert says:

      Not just the big things but the small.
      More than once I’ve found myself knowing more about fixing a car/boiler,electrical item etc than the bloke I’m paying to fix these bloody things.


  14. 17
    poor as feck says:

    the sun

    the comments made not reported will be interesting


  15. 20
    Retired health consultant says:

    Irrespective of what Mitchell said – he still looks a twat!


  16. 22
    What's up cock says:

    Couldn’t have happened to a nicer person!


  17. 24
    Ma­qb­­oul says:

    Unfortunately for Mitchell, it was not within the rules…





  18. 25
    80s flashback says:


  19. 32
    UKIP In 2015 says:

    The arrogant arse is so stupid he is going to try and sue News International in libel case he hasn’t a snowballs chance in Hell of winning… He’s going to end up with a bill of over £million …… and still entire country is going to think he is an arrogant toffee nose prick.


  20. 33
    Legal Eagle says:

    I hope Sherborne has indemnity insurance.


    • 38
      M'Learned Friend says:

      He must in order to practice – minimum of £2.5M of cover.


      • 52
        Legal Landlord says:

        No minimum £1m for traditional partnership or £2m for an LLP


        • 73
          M'Learned Friend says:

          But Sherborne is neither a partnership nor an LLP, you thicko. He is a barrister. And all barristers have to insure with the Bar Mutual Indemnity Fund; and the minimum level of cover provided for anyone earning more than two shillings and sixpence per annum is £2.5M. Sherborne will carry at least £2.5M of cover.
          (And in any event, the minimum levels for solicitors are £2M for ordinary firms and £3M for bodies corporate – rule 2.1 of the SRA’s Indemnity Insurance Rules 2012).


    • 39
      UKIP In 2015 says:

      Why, litigation hasn’t started so Mitchell has no contract with them yet, he got bad advice. Story of his life it seems!


  21. 37
    wasn't that a conflict of interest? says:

    Is that the Leveson barrister who was allegedly knocking off
    a lawyer from the other side?


    • 41
      bluebottle says:

      I haven’t heard of this.

      please do tell


      • 45
        Keep Our Press Free says:

        Worth checking out.
        Tory MP Rob Wilson has asked the Bar Standards Board
        to investigate.


      • 51
        A nincumpoop says:

        The one with the long black hair who filled in for the one with the beard on the lesser-celebs.


        • 62
          Airey Belvoir says:

          They laughably claimed that they went on holiday to Greece together ‘to discuss the possibility of having an affair.’ Only lawyers could come up with an excuse like that. Both married.


          • helpful suggestion says:

            And can those claims be disproved through
            If the Bar Council is to investigate, then a thorough
            investigation must be held.


  22. 40
    on the beach,sunglasses in the car says:

    I am freezing to death here.


  23. 42
    UKIP In 2015 says:

    At least the arrogant toff prick is wasting his own money now and not taxpayers. I wonder if Jonathan Aitkin will lend him his Sword of Truth and Trusty shield of British FairPlay


  24. 43
    Anonymous says:

    Another facet of the stitch-up?


  25. 49
    Andrew says says:

    Fucking plebs, these guys are meant to help us!

    Trouble with plebs is they don’t understand why we need to spend money on overseas aid.


  26. 50
    Andew 'Thrasher' Mitchell says:

    Its another fit up I tell you, The High Court are fucking Plebs, they should be fucking helping me, they haven’t heard the fucking last of this, don’t they know who I am


  27. 53
    Andrew 'Thrasher' Mitchell says:

    Can we have a whip round please, I need £1Million to teach those fucking plebs a lesson.

    Dave says I cant use any more taxpayers money.

    I have borrowed the sword of truth and trusty shield of British fair play from my mate Jonathan Aitkin


  28. 61
    Old Hal says:

    If it bankrupts Mitchell he will have to forfeit his safe seat


  29. 63
    Floella Benjamin y'all says:

    I still struggle to comprehend just how poorly this whole debacle was managed by the Tories.


  30. 66

    Dysfunctional coppers and lawyers this geezer must have good nerves and thicker than thick skin. Plebsgate, Coppergate, Barristergate coming soon Skintgate.


  31. 77
    alexei says:

    As its the lawyers incompetence they should forgoe any fees and pay him damages.


  32. 78
    Blowing Whistles says:

    What an interesting set of comments – and of the comments on the Law Gazette.

    “Monied might” (And perhaps who holds ‘things whether by entrapment, blackmail or sway against the judicials’) appears to be the order of the day.


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