header-logo header-logo

04 February 2010 / Hector Robinson
Issue: 7403 / Categories: Features , Commercial
printer mail-detail

A sting in the tail

Hector Robinson examines the sharp end of non-compliance

Whether one practises under a pre or post Woolf procedural regime, it is not uncommon to hear statements to the effect that the rules of the court are intended to be complied with, and not intended to be mere “targets” towards which to aspire. Yet, practitioners have become accustomed to a certain degree of willingness by the courts to exercise its discretion to excuse non-compliance with the rules.

After all, the interests of justice may still be achieved even in the face of non-compliance with the rules, once no party is unduly prejudiced and any attendant inconvenience may be adequately compensated in costs.

But there are those occasions, rare though they may be, when a non-compliant party is faced with the prospect of having his case struck out; when the seemingly toothless dog that the rules sometimes appear to be has somehow developed the ability to bite.

Whether these occasions arise on an application to dismiss for want of prosecution, or to strike out

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll