||All England Reporter
|| All ER (D) 11 (May)
|| EWCA Civ 564
||Court of Appeal, Civil Division
Mummery, Moore-Bick and Tomlinson LJJ
||Philip Marshall QC and Matthew Morrison (instructed by Hogan Lovells International LLP) for the claimant.
||Zoe O'Sullivan (instructed by iLaw Legal Services Ltd) for the defendants.
||1 May 2012
Practice - Order - 'Unless' and other peremptory orders - Non-compliance with 'unless' order - Judge making 'unless' order against defendants - Defendants failing to comply and being granted relief from sanction - Claimant discovering evidence showing defendants seriously misled court - Court revoking relief from sanctions - Court ordering judgment against defendants - Whether judge erring in ordering judgment at interlocutory stage without directing trial of issues.
Practice Order. The Court of Appeal, Civil Division, dismissed the defendant's appeal against an order entering judgment against them made during interlocutory proceedings in which the judge had found that the defendants had seriously misled the court, holding that, in the circumstances, the judge had not erred as, on the evidence that had been before him, he had not been obliged to direct a trial.
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