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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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