- Appeal struck-out for deliberate and unjustifiable non-compliance of a court order (Regen v Estar Medical)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: Mr Lord Justice Floyd, in the Court of Appeal, having considered a series of applications against a background of procedural wrongdoing by Regen, the appellant, dismissed its late application for a stay and adjournment of an impending hearing of a patent infringement appeal, and struck out the appeal as a whole for failing to comply with directions to lodge the appeal bundles by the due date pursuant to an unless order. The judge found that Regen had failed to provide good cause at all, and that its application was a ploy to unfairly advance its commercial interests, was not in the interests of justice, and an adjournment of the appeal hearing would have caused considerable prejudice to the first to fourth respondents (collectively referred to as Estar). Written by Sandip Patel QC, managing partner, at Aliant (London).
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