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21 February 2014
Issue: 7595 / Categories: Case law , Law digest
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Procedure

Burt v Christie [2014] All ER (D) 86 (Feb)

It was established law that the expectation was that the sanction in CPR 3.14 would usually apply unless: (i) the breach was trivial; or (ii) there was good reason for it.  While the court had power to grant relief, the expectation was that, unless (i) or (ii) was satisfied, the two factors mentioned in the rule would usually trump other circumstances. That in determining otherwise under CPR 3.14, the court was not entertaining an application for relief from sanctions under CPR 3.9 as such but that the principles to be applied were likely to be the same. 

Leaving matters to the last minute was inconsistent with conducting litigation efficiently and the thrust of the new overriding objective of dealing with litigation justly and at proportionate cost. Early preparation was much more likely to lead to a narrowing of issues between the parties or even agreement of budgets, saving time at the first hearing, thereby freeing up court time to be allocated to other matters.

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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
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
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