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05 February 2009
Issue: 7355 / Categories: Case law , Law digest , Ancillary relief
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Civil litigation

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.
 

Issue: 7355 / Categories: Case law , Law digest , Ancillary relief
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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