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06 March 2015 / Thomas Elias , Daniel Lightman KC
Issue: 7643 / Categories: Features , Procedure & practice
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Why procedure matters

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Daniel Lightman & Thomas Elias report on a Saudi “Royal Protocol” & three-dimensional justice

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 the case of the party seeking relief from sanctions is so

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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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