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Sam Neaman Secures High Court “Mitchell” Appeal Victory

Sam Neaman successfully resisted the appeal of a Defendant who had failed to set aside judgment in default in Samara v MBI & Partners (UK) Ltd [2014] EWHC 563 (QB). Rejecting the submission that CPR 13 should be the subject of “special considerations” (para 31), Silber J confirmed that the new, stricter approach to compliance with rules and orders in light of the Jackson proposals “has universal application to all rules in the CPR” and “is based on and underpinned by changes to the overriding objectives which apply to all parts of the CPR” (Para 36).

Silber J rejected every ground of appeal, concluding that the Master “was entitled, if not obliged” to reach the decision she did (para 51).

For a full copy of the judgment click here.

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