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Phew! Relief granted notwithstanding non-compliance and delay

08 November 2013

In Theverajah v Riordan & Others [2013] the court considered the factors relevant to an application for relief under amended CPR 3.9, which came into force in April 2013.

In this case, the court concluded that doing justice between the parties remains of overriding importance, notwithstanding the purpose of the 2013 Jackson reforms to encourage strict compliance with Rules, orders and directions. The decision represents an unexpected departure from the hard line approach on compliance failures adopted by the judiciary in the light of the Jackson reforms and creates some uncertainty as to how the court will approach such failures in the future.  For the full case comment please click here.