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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

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys—James Paterson

Charles Russell Speechlys further bolsters Private Equity expertise with the appointment of James Paterson

Ellisons—Samuel Flower

Ellisons—Samuel Flower

Ellisons strengthens Rural Affairs team with senior appointment

Sidley—Carl Hotton

Sidley—Carl Hotton

Sidley adds insurance mergers and acquisitions partner to London office

NEWS
Consultant-led law firms should prepare for closer regulatory attention as oversight evolves
Artificial intelligence may draft workplace grievances, but employers cannot treat them any differently from conventional complaints
From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
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