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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

Carpmaels & Ransford—Kevin Cordina

Carpmaels & Ransford—Kevin Cordina

Firm adds former Simmons Simmons patent head to engineering and tech team

ACTAPS—Sally Goodger

ACTAPS—Sally Goodger

Freeths strengthens its voice in national disputes with ACTAPS committee appointment

Pillsbury—Matthew Sperry

Pillsbury—Matthew Sperry

Pillsbury expands private client and family office platform with Cadwalader partner hire

NEWS
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
Some employment law controversies never disappear—they merely lie dormant
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