Appeal by a defendant, whose defence had been struck out for non-compliance with court orders, against the refusal of relief from that sanction pursuant to Civil Procedure Rule 3.9. The principal issues in this appeal were:
i) whether, in assessing the seriousness of non-compliance with an ‘unless’ order, the court should have regard to the original breach which gave rise to the ‘unless’ order;
ii) the effect of delay in applying for relief.
Jackson, King, Lindblom LJJ
[2016] EWCA Civ 153
Bailii
Civil Procedure Rules 1998 3.9
England and Wales
Litigation Practice, Civil Procedure Rules
Updated: 12 January 2022; Ref: scu.561126