I do not want to take this thread OT anymore but lol at Mitchell "being misconstrued in the lower courts".(Original post by Le Nombre)
It has been on the cards ever since Woolf though, we knew it was coming, it was just a question of when.
Explaining the constitutional element would be difficult within the paragraph at most you'd have for it in a PS. If it continues it will likely just make cases outside the CC, TCC and big ticket QBD litigant in person only and end high street litigators. It's a big access to justice issue, but the political will isn't there for anything besides an acceleration. Big firms are still fine, their litigation departments have the staff and the funding to ensure they stick to timetables and clients who want to go to court are usually angry and willing to put the farm on it.
Whether that will happen I'm not sure, the current SC line up would I suspect be inclined to allow a big sanctions appeal as and when it occurs, plus there's signs of some quite kind interpretations of 'Denton' in the lower courts.
Find out how.