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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.
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Virginia specialises in general domestic and international commercial litigation, arbitration and alternative dispute resolution.
Virginia trained, qualified and practiced with Pinsent Masons before moving to Marriott Harrison where she continued in practice for a further seven years.
In practice, Virginia acted in a variety of general commercial disputes covering areas including intellectual property, fraud, defamation, misrepresentation, breach of contract, debt recovery, breach of restrictive covenants and company and shareholders’ disputes.
Virginia is Head of Dispute Resolution at Lexis®PSL and, when not focused on the strategic development and operational requirements of the Dispute Resolution module, her content work focuses on case management and evidence in civil litigation. She also regularly contributes to the LexisNexis Dispute Resolution Blog.
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