Why procedure matters

The Supreme Court rarely intervenes in procedural matters. However, in HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd [2014] UKSC 64, [2014] All ER (D) 278 (Nov) the Supreme Court, while endorsing its policy of self-restraint in the supervision of the administration of civil procedure, nonetheless went on to address a current hot topic in civil litigation following the recent Jackson reforms: where a party who has failed to comply with an unless order applies for relief from sanctions, should the court be inclined to leniency where that party has a strong case on the ultimate merits of the proceedings?

Giving the judgment of four of the five Supreme Court judges (Lord Clarke dissented), Lord Neuberger held that generally the strength of a party’s case on the merits is irrelevant in the context of case management decisions (including applications for relief from sanctions), but that there may be an exception where