||All England Reporter
|| All ER (D) 391 (Jul)
||Court of Appeal, Civil Division
Aldous, Buxton and May LJJ
||Stephen Cogley (instructed by Tasselli & Co) for the claimant.
||Graham Eklund QC and Neil Hext (instructed by Gartsides, Newport) for the defendant.
||23 July 2003
Practice and procedure - Unless order - Failure to comply - Relief from sanctions - Consideration of relevant factors - CPR 3.9.
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.
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