Source: All England Reporter
Publisher Citation: [2008] All ER (D) 56 (Jun)
Court: Queen's Bench Division
Judge:

John Leighton Williams QC sitting as a deputy Judge of the High Court

Representation James Watson QC (instructed by Nabarro) for the claimant.
  Simon Fox (instructed by Ameer Meredith, Cambridge) for the defendants.
Judgment Dates: 6 June 2008

Catchwords

Practice - Order - 'Unless' orders and other peremptory orders - Non-compliance with 'unless' order - Judge striking out defendant's defence for failure to comply with terms of unless order relating to expert evidence - Defendant applying for relief against sanction - Whether relief should be granted.

The Case

An application for relief against an order striking out the defendant's defence for failure to comply with the terms of an unless order relating to expert evidence was allowed. The omissions to comply with the order were essentially technical in nature and were not such to have prejudiced the claimant. To allow the order to stand would mean that all the efforts on both sides in preparing the claim and defence would be wasted when there was only a little more preparation to take place, and all because of what were comparatively minor failures in complying with the order.

Practice Areas

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