| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 391 (Jul) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Aldous, Buxton and May LJJ |
| Representation | Stephen Cogley (instructed by Tasselli & Co) for the claimant. |
| Graham Eklund QC and Neil Hext (instructed by Gartsides, Newport) for the defendant. | |
| Judgment Dates: | 23 July 2003 |
Catchwords
Practice and procedure - Unless order - Failure to comply - Relief from sanctions - Consideration of relevant factors - CPR 3.9.
The Case
In the instant case, where the claimant had failed to comply with a second unless order, it would not be just to allow it to continue with its appeal and the court would not exercise its discretion to grant relief from sanctions under CPR3.9. The claimant's appeal would, accordingly, be struck out.
Practice Areas
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