|| All ER (D) 17 (May)
||Court of Appeal, Civil Division
Chadwick LJ and Sir Peter Gibson
||The claimant appeared in person.
||Brian Nicholson (instructed by Goodman Derrick) for the defendants.
||2 May 2006
Practice - Order - 'Unless' orders and other peremptory orders - Non-compliance with 'unless' order - Consequences - Non-compliance with order striking out claim or defence unless act done within specified time - Claim struck out for failure to make application within specified time - Claimant asserting that attempt made to file application on last day of specified time - Whether claim ought to stand dismissed.
Where the claimant's claim had been struck out for failure to comply with the requirement of an unless order to make an application within a specified time, but the claimant asserted that she, through her representatives, had in fact tried to file and application, the court ruled that it would, in all the circumstances, be disproportionate to allow the order striking out the claim to stand.
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