The defendant had failed to comply in all respects with an ‘unless’ order.
Held: The court gave relief under CPR 3.9 for two failures which the court described as ‘material in the sense that they were more than trivial’. They were ‘unintentional and minor failings in the course of diligently seeking to comply with the order’.
Walker J said: ‘The culture which the court seeks to foster is a culture in which both sides take a common sense and practical approach, minimising interlocutory disputes and working in an orderly and mutually efficient manner towards the date fixed for trial. It would be the antithesis of that culture if substantial amounts of time and money are wasted on preparation for and conduct of satellite litigation about the consequences of truly minor failings when diligently seeking to comply with an ‘unless’ order.’
Walker J
[2013] EWHC 3282 (Comm)
Bailii
Civil Procedure Rules 3.9
Cited by:
Cited – Mitchell MP v News Group Newspapers Ltd CA 27-Nov-2013
(Practice Note) The claimant brought defamation proceedings against the defendant newspaper. His solicitors had failed to file his costs budget as required, and the claimant now appealed against an order under the new Rule 3.9, restricting very . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 23 November 2021; Ref: scu.517348