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The Queen’s Bench Division refused the defendant’s application for a (further) extension of time in which to comply with an unless order for disclosure. Consequently, judgment was to be entered on liability with damages to be assessed.
In coming to its decision, the court applied the Denton guidelines (even though this was not technically a relief from sanctions application) and, in doing so, took into account the defendant’s behaviour, the timing of the application, the effect
granting the application would have on the case and the overriding objective. This case offers many practical tips on disclosure and on complying with orders generally and unless orders specifically.
This was originally published Lexis®PSL on 29 November 2016. Discover how Lexis®PSL can help you stay on top of the latest developments and find the answers you need fast, click here for a free trial to access.
What are the practical implications of this case?
Practical implications arising from this judgment include:
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