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The broad brush of Denton—application of principles to a strike-out (M/S Unique Part Trading v Regal Lodge Road)

Published on: 28 June 2021
Published by: LexisPSL
  • The broad brush of Denton—application of principles to a strike-out (M/S Unique Part Trading v Regal Lodge Road)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Dispute Resolution analysis: On an appeal against orders dismissing an application to set aside an order striking out a claim, the appellate court held that the Deputy Master had been justified in using the Denton principles as the framework for his decision. The parties had agreed the hearing be conducted on that basis, appropriate weight was given to the failure to serve particulars of claim (requiring relief from sanctions), to pay an outstanding costs order, and to the consequence of refusing to set aside the order, and in any event Denton requires (and the court considered) proportionality. The case is a reminder to parties carefully to consider the basis on which a case is argued and advanced. Written by Danielle Carr, partner at Rosenblatt Ltd. or take a trial to read the full analysis.

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