Source: All England Reporter
Publisher Citation: [2014] All ER (D) 150 (Mar)
Neutral Citation: [2014] EWHC 722 (Ch)
Court: Chancery Division

Richard Spearman QC (Sitting as a Deputy High Court Judge)

Representation Simon Davenport QC and Richard Samuel (instructed by Isadore Goldman Ltd, Norwich) for the claimants.
  Jonathan Lopian (instructed by Hansells) for the defendants.
Judgment Dates: 14 March 2014


Practice - Civil litigation - Case management - Defendant seeking extension of time or relief from sanctions concerning service of witness statements and disclosure by list - Defendant seeking permission to re-amend amended defence - Claimants seeking declaration defendants breaching court's orders and striking out of amended defence - Whether parties' applications should be granted - CPR 32.10.

The Case

Practice Civil litigation. The defendants sought an extension of time or relief from sanctions with respect to service of witness statements and disclosure by list, and permission to re-amend the amended defence by adding pleas. The claimants sought an order striking out the amended defence. The Chancery Division dismissed the defendants' applications, but held that it would be a disproportionate response to all the defendants' defaults to strike out a pleaded case that had been placed on the record before any of the recent failures to comply with court orders and the CPR had occurred.

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