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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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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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