CPRwatch: Relief From Sanctions - Ian Miller, 1 Chancery Lane
15/09/13. Does the original checklist under rule 3.9 (relief from sanctions) have any role now? That question was considered by Hildyard J in Thevarajah v Riordan(9th August 2013, unreported). The Claimant sought to strike out the Defendant’s Defence for failure to comply with an unless order in relation to disclosure. The Defendant sought relief from sanctions under CPR r. 3.9. The Defendant admitted that he had failed to give disclosure as ordered and the judge found that there were serious failings...
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