Although a party had failed to comply with an unless order for discovery, it had still produced a list of over 2500 documents and in the circumstances striking out was too drastic, when the failure to serve was not in bad faith, and the failing was remediable by an appropriate application.
Times 01-Feb-1999, [1998] EWCA Civ 1859
England and Wales
Updated: 09 July 2021; Ref: scu.145338