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20 June 2014
Issue: 7611 / Categories: Case law , Law digest , In Court
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Company

Contrarian Funds Llc v Lomas and others Re Lehman Brothers International (Europe) (in Administration) [2014] EWHC 1687 (Ch), [2014] All ER (D) 65 (Jun)

The right to challenge the rejection of a proof arose under r 2.78 of the Insolvency Rules 1986 (SI 1986/1925). Rule 12.9(2) (replaced by r 12A.55(2) in identical terms in 2010) enabled the court to extend or shorten the time for compliance with anything required to be done by the Rules. In an application for an extension of time, consideration had to be given to the factors listed in CPR 3.9. Although CPR 3.9 required consideration to be given to all the circumstances of the case, the only factors listed were the need for litigation to be conducted efficiently and at proportionate cost and the need to enforce compliance with rules, practice directions and orders. Where the non-compliance was not trivial and there was no good reason for it, the expectation generally would be that relief from sanctions would be refused. 

 

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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