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Practice – Civil litigation. The defendants appealed against the judge's grant of relief from sanctions to both sides. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had been entitled to decide the matter as he had. On the facts, the relevant circumstances had included: (i) the non-compliance in the case had not been trivial and there had been no good reason for it; (ii) the trial date would not be lost; (iii) no significant extra cost would be occasioned; (iv) refusal to grant relief from the sanction would effectively mean the end of the claim; and (v) the defendants had been in default.
Practice – Civil litigation. The defendants appealed against the judge's grant of relief from sanctions to both sides. The Court of Appeal, Civil Division, in dismissing the appeal, held that the judge had been entitled to decide the matter as he had. On the facts, the relevant circumstances had included: (i) the non-compliance in the case had not been trivial and there had been no good reason for it; (ii) the trial date would not be lost; (iii) no significant extra cost would be occasioned; (iv) refusal to grant relief from the sanction would effectively mean the end of the claim; and (v) the defendants had been in default.
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Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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