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Denton v White: back from the brink

The Court of Appeal’s ruling in Denton is a tacit acknowledgment that it got it wrong in Mitchell, says David Holland QC

27 August 2014

To say that the Court of Appeal decision in Mitchell v News Group Newspapers [2013] EWCA Civ 1537 had caused a bit of a stir among those who practise in the civil courts of England and Wales would perhaps amount to the legal understatement of this century. That decision was handed down on 27 November 2013.

Between that date and the arguments before the Court of Appeal in the case of Denton v TH White [2014] EWCA Civ 906 (‘Denton’) on 16 and 17 June 2014, the Mitchell case had featured in at least five separate Court of Appeal decisions and generated a huge raft of satellite litigation in both the County Court and the High Court.

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