Kagalovsky v Balmore Invest Ltd: QBD 2014

Turner J said: ‘There is no reason to doubt that the ratio of this decision [ie Robert] remains good law but the emphasis which Dyson LJ (as he then was) placed in that case upon the importance of the ingredient of prejudice occasioned by the delay in the exercise of the court’s discretion must now be seen in the light of the Jackson reforms. Furthermore the overriding objective applied in Robert has now been reformulated to include considerations calculated to achieve the enforcement of compliance with rules, practice directions and orders.’


Turner J


[2014] EWHC 108 (QB)


England and Wales

Cited by:

CitedKaneria v Kaneria and Others ChD 15-Apr-2014
The parties were embroiled in a company dispute with allegations of conduct prejudicial to minority shareholders. An application was now made for sanctions for a failure to comply with court directions.
Held: Unless and until a higher Court . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice

Updated: 11 May 2022; Ref: scu.523880