Dispute Resolution analysis: Notwithstanding that Mishcon de Reya LLP were found to have breached CPR 31.22 in using documents disclosed in proceedings to threaten a third party with fresh proceedings, such breach had been neither deliberate nor reckless (therefore there was no strong prima facie case for establishing contempt) and their subsequent conduct in apologising and confirming they would not repeat such use of the documents without consent meant that permission to continue the committal application would not be given, to do otherwise would be to ‘promote the worst kind of satellite litigation.’
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