| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 11 (May) |
| Neutral Citation: | [2012] EWCA Civ 564 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Mummery, Moore-Bick and Tomlinson LJJ |
| Representation | 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. | |
| Judgment Dates: | 1 May 2012 |
Catchwords
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.
The Case
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.
Practice Areas
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