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Practice – Pre-trial or post-judgment relief. The claimant brought a claim against the defendant for an unpaid debt for the provision of electricity. The defendant failed to comply with court orders and judgment in default was granted in favour of the claimant. An application was made for relief from sanctions, which was granted and the judgment in default was also set aside. The claimant appealed. The Queen's Bench Division held that the judge had erred in his application of CPR 3.9 and the appeal would be allowed.
Practice – Pre-trial or post-judgment relief. The claimant brought a claim against the defendant for an unpaid debt for the provision of electricity. The defendant failed to comply with court orders and judgment in default was granted in favour of the claimant. An application was made for relief from sanctions, which was granted and the judgment in default was also set aside. The claimant appealed. The Queen's Bench Division held that the judge had erred in his application of CPR 3.9 and the appeal would be allowed.
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