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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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