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25 March 2016
Issue: 7692 / Categories: Case law , Law digest , In Court
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Practice

British Gas Trading Ltd v Oak Cash & Carry Ltd [2016] EWCA Civ 153, [2016] All ER (D) 128 (Mar)

The Court of Appeal dismissed an appeal by the defendant against the refusal of relief from sanctions imposed by an unless order pursuant to CPR 3.9. In order to assess the seriousness and significance of a breach of an unless order, it was necessary to look also at the underlying breach. The fact that an applicant had failed to comply with an unless order, as opposed to an “ordinary” order, was undoubtedly a pointer towards seriousness and significance. On the facts of the present case, the breach had been serious and significant, there had been no good reason for the defendant’s non-compliance and the delay had substantially disrupted the progress of the action.

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

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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