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11 July 2013 / Jennie Gillies , Ed Lewis
Issue: 7568 / Categories: Features , Procedure & practice
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The times they are a-changin’

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Non-compliant litigators will get short shrift, say Ed Lewis & Jennie Gillies

If one asked any lawyer practising in England and Wales whether parties to litigation were required to comply with the Civil Procedural Rules (CPR), the answer would be an emphatic “yes”; after all, the CPR derive from statutory instrument (the CPR 1998 SI 1998 No. 3132) and the various additional statutory instruments which have been enacted since.

Furthermore, the need for parties to comply with rules, practice directions and orders is not a new concept. It has always been at the core of the CPR (and those which they replaced) and such compliance is a fundamental part of the interests of the administration of justice as reiterated by Arden LJ in Stolzenberg v CIBC Mellon Trust Co Limited [2004] EWCA Civ 827, [2004] All ER (D) 363 (Jun): “Compliance with orders of the court is not a question of judicial amour propre. It goes to the essence of the rule of law that parties subject to the

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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