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03 November 2011
Issue: 7488 / Categories: Case law , Law digest , In Court
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Civil procedure

Obsession Hair and Day Spa Ltd v Hi-Lite Electrical Ltd [2011] EWCA Civ 1148, [2011] All ER (D) 228 (Oct)

It was settled law that applications to set aside orders granting permission to appeal would have to clear a high hurdle to succeed. It was not enough to argue that such an order was made without knowledge of the full facts. At the heart of the jurisprudence was the notion of abuse of the process of the court.

To fail to disclose material information was to abuse the due process of the court and as a consequence to run the risk that the court would deprive the applicant of the fruits of the advantage wrongfully obtained. But there was no inexorable rule that an order granted without knowledge of the full facts had to be set aside. A sense of proportion always had to be observed. Too mechanistic a strike out would be an instrument of injustice.
 

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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