The Supreme Court has taken a rare look at CPR, notes Dominic Regan
It is exceptional for the Supreme Court to go anywhere near the lifeblood of litigators, the Civil Procedure Rules. Arcane points of abstract law are adored. The dull dross of court rules is not erotic. Well, they donned thick marigold gloves and took on an appeal which indirectly touched upon the dreaded Mitchell saga in Theverajah v Riordan [2015] UKSC 78, [2015] All ER (D) 146 (Dec).
Thevarajah
Mr Thavathera Thevarajah was the claimant. He sued Mr Riordan and others. An “unless” order was made in June 2013, shortly after the Jackson reforms were implemented. The terms of the order directed that, in the event of non-compliance, the defence and counterclaim be struck out and the defendant be debarred from defending.
It was held that the order had not been honoured and so the sanctions applied. Relief was refused but on a second application a Deputy High Court Judge, after a hearing that unbelievably took four days, granted relief by a bizarre route, as we shall see. What the defendant
