Tarn Insurance Services Ltd (in administration) v Kirby [2009] EWCA Civ 19, [2009] All ER (D) 211 (Jan)
The power to relieve from the sanction imposed by an unless order, is exercisable for the purpose of furthering the overriding objective of enabling the court to deal with cases justly. The court must consider whether or not, despite that the order was a proper order to make for the purposes of furthering the overriding objective in the circumstances known at that time, it remains appropriate, in the circumstances known at the time of the application for relief, to allow the sanction to take effect.
In a case of deliberate and persistent non-compliance with orders to provide information and deliver documents, a proper administration of justice requires that, save in exceptional circumstances, sanctions imposed should take effect.
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