header-logo header-logo

Practice & procedure

02 June 2011
Issue: 7468 / Categories: Case law , Law digest
printer mail-detail

Fung Oi Chiu and others v Waitrose Ltd and another [2011] All ER (D) 271 (May), [2011] EWHC 1356 (TCC)

Under CPR 3.9(1), the court could grant relief from the sanctions imposed by an unless order if the court considered it just to do so taking into account all of the circumstances. Where there was a consent order, then, the fact that the parties had come to an agreement did not take away the court’s power to grant relief. In considering whether to do so, the court would place very great weight on what the parties had agreed and would, except in unusual circumstances, be slow to depart from that agreement. In general, the action or inaction of a party’s legal representative had to be treated under the CPR as the action or inaction of the party himself. However, when it came to consider who had caused the failure to comply, it was evident that a failure by the legal representative was treated as weighing in favour of granting relief, as compared to a failure by the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll