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Inadequate explanation, no relief: A reminder of the potential tough consequences of failing to comply with a court order
The High Court has refused an application for relief from sanctions in relation to a failure to comply with an unless order for the payment of costs …
High Court finds strike out of response to unfair prejudice petition does not automatically entitle petitioner to relief
In a recent judgment, the High Court has considered the extent to which petitioners in relation to unfair prejudicial conduct of a company's affairs can …
Second action allowed to proceed where earlier action struck out for breach of unless order
In a recent decision, the High Court has considered the proper approach to be taken in a second action where a previous action bringing the same claim …
Parties should not "abuse" the court's tougher approach to relief from sanctions
The High Court has penalised a claimant in costs for requiring the defendant to apply for relief from sanctions, where the defendant had relied on a …
High Court can grant retrospective permission to continue a derivative claim
The High Court has held that it has the power retrospectively to validate service of a claim form and particulars of claim in proceedings brought as a …
Recent decisions show continuing trend for tough approach to rule breaches
Recent months have seen a number of decisions in which the English courts, both at first instance and on appeal, have re-emphasised the message that …
Court of Appeal clarifies test for granting security for costs against non-EU claimants
A recent Court of Appeal decision has clarified how the court will exercise its discretion when granting an order for security for costs against a …
Two Court of Appeal decisions show continuing tough approach to procedural failings
In case we were all in danger of thinking the courts' approach to breaches of rules and court orders had relaxed nearly to pre-Jackson levels of …
Court of Appeal orders security for costs against claimant who was reticent about its financial position
The Court of Appeal has recently confirmed that security for a defendant's costs will often be granted against a foreign company who is not obliged to …
Supreme Court decision confirms second attempt at relief from sanctions will be uphill battle
The Supreme Court has upheld the Court of Appeal's decision overturning the grant of a second application for relief from sanctions for failure to …
Court of Appeal underlines high hurdle to overturn decisions re strike out or relief from sanctions
The Court of Appeal has dismissed an appeal against a High Court decision refusing to strike out a claim for procedural failures even though, in the …
Supreme Court clarifies scope of "assets" covered by a freezing order
In a unanimous decision, the Supreme Court has confirmed that the right to draw down under loan agreements is caught by the expanded definition of …
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