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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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