header-logo header-logo

22 January 2016 / Dominic Regan
Issue: 7683 / Categories: Features , Procedure & practice , CPR
printer mail-detail

Much ado about nothing

nlj_7683_regan

The Supreme Court has taken a rare look at CPR, notes Dominic Regan

It is exceptional for the Supreme Court to go anywhere near the lifeblood of litigators, the Civil Procedure Rules. Arcane points of abstract law are adored. The dull dross of court rules is not erotic. Well, they donned thick marigold gloves and took on an appeal which indirectly touched upon the dreaded Mitchell saga in Theverajah v Riordan [2015] UKSC 78, [2015] All ER (D) 146 (Dec).

Thevarajah

Mr Thavathera Thevarajah was the claimant. He sued Mr Riordan and others. An “unless” order was made in June 2013, shortly after the Jackson reforms were implemented. The terms of the order directed that, in the event of non-compliance, the defence and counterclaim be struck out and the defendant be debarred from defending.

It was held that the order had not been honoured and so the sanctions applied. Relief was refused but on a second application a Deputy High Court Judge, after a hearing that unbelievably took four days, granted relief by

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: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

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
back-to-top-scroll