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30 April 2009 / James Weale
Issue: 7367 / Categories: Features , Procedure & practice
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Strike out!

What happens when parties don't play by the rules? James Weale reports

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A regrettable but all too common feature of modern litigation is the willingness of parties to frustrate the court's process through a combination of perjury and the suppression and forgery of documents. A strike-out application by the innocent party may be seen as an attractive shortcut to dispose of the other side's case in these circumstances. The unanimous decision of the Court of Appeal in Dadourian Group International v Simms and Ors [2009] EWCA Civ 169, [2009] All ER (D) 175 (Mar), however, demonstrates considerable reluctance on the part of the court to entertain such applications.

Dadourian is the first case in which the Court of Appeal considered its jurisdiction to strike out an appeal notice solely on the basis of subversive conduct on the part of the appellant. The case is also significant for its restrictive interpretation of Arrow Nominees Inc v Blackledge [2001] BCC 591, [2000] All ER (D) 854 in relation to the court's inherent

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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