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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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NLJ Career Profile: Nikki Bowker, Devonshires

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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