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02 June 2011
Issue: 7468 / Categories: Case law , Law digest
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Practice & procedure

Fung Oi Chiu and others v Waitrose Ltd and another [2011] All ER (D) 271 (May), [2011] EWHC 1356 (TCC)

Under CPR 3.9(1), the court could grant relief from the sanctions imposed by an unless order if the court considered it just to do so taking into account all of the circumstances. Where there was a consent order, then, the fact that the parties had come to an agreement did not take away the court’s power to grant relief. In considering whether to do so, the court would place very great weight on what the parties had agreed and would, except in unusual circumstances, be slow to depart from that agreement. In general, the action or inaction of a party’s legal representative had to be treated under the CPR as the action or inaction of the party himself. However, when it came to consider who had caused the failure to comply, it was evident that a failure by the legal representative was treated as weighing in favour of granting relief, as compared to a failure by the

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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