header-logo header-logo

Civil procedure

03 November 2011
Issue: 7488 / Categories: Case law , Law digest , In Court
printer mail-detail

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.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

Dorsey & Whitney—Jonathan Christy

Dorsey & Whitney—Jonathan Christy

Dispute resolution team welcomes associate in London

Winckworth Sherwood—Kevin McManamon

Winckworth Sherwood—Kevin McManamon

Special education needs and mental capacity expert joins as partner

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll