||All England Reporter
|| All ER (D) 363 (Jun)
|| EWCA Civ 827
||Court of Appeal, Civil Division
Ward, Arden LJJ and Sir William Aldous
||Christopher Carr QC, Philip Marshall and Hannah Brown (instructed by Howrey Simon Arnold & White) for the claimants.
||John Wardell QC and Jonathan Evans (instructed by Withers LLP) for the defendants.
||30 June 2004
Practice and procedure - Unless order - Failure to comply - Relief from sanctions - Judgment entered in default of compliance - CPR 3.9, .
While an appeal against a refusal to set aside a judgment entered in default of compliance with an order of the court might be described as procedural, and trial judges had to be given a margin of discretion in procedural matters, none the less the court had to be satisfied that that there had been no error of law, that all the relevant factors (and no others) had been taken into account and that, looking at the matter overall, the judge's conclusion was not plainly wrong.
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