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06 March 2015 / Thomas Elias , Daniel Lightman KC
Issue: 7643 / Categories: Features , Procedure & practice
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Why procedure matters

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Daniel Lightman & Thomas Elias report on a Saudi “Royal Protocol” & three-dimensional justice

The Supreme Court rarely intervenes in procedural matters. However, in HRH Prince Abdulaziz Bin Mishal Bin Abdulaziz Al Saud v Apex Global Management Ltd [2014] UKSC 64, [2014] All ER (D) 278 (Nov) the Supreme Court, while endorsing its policy of self-restraint in the supervision of the administration of civil procedure, nonetheless went on to address a current hot topic in civil litigation following the recent Jackson reforms: where a party who has failed to comply with an unless order applies for relief from sanctions, should the court be inclined to leniency where that party has a strong case on the ultimate merits of the proceedings?

Giving the judgment of four of the five Supreme Court judges (Lord Clarke dissented), Lord Neuberger held that generally the strength of a party’s case on the merits is irrelevant in the context of case management decisions (including applications for relief from sanctions), but that there may be an exception where

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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
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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