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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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Womble Bond Dickinson—Paula Myers

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NEWS
The Court of Appeal has issued a stern warning to lawyers engaging in the practice of ‘privilege hunting’—obtaining an opponent’s legally privileged information through dishonest means
Legal executives have given a lukewarm reception to the Legal Services Board’s (LSB’s) final report from its regulatory review into Mazur advice and guidance
A homeless single parent offered accommodation in Derby has lost her Supreme Court appeal against the London council making the offer
The Kingdom of Bahrain does not enjoy sovereign immunity from allegations it used surveillance software to spy on dissidents in the UK, the Supreme Court has held
A free independent, specialist and trauma-informed legal advice service for victims and survivors of sexual violence is to be rolled out across England and Wales, the government has confirmed
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