Alex, I don't know how to make it more urgent. Can you make a suggestion?
Okay, I thought the legal experts may be aware of legal cases.
Can you respond to part of my question atleast i.e. "Is an unless order more important than a specific disclosure order? Are there any case laws concerned with sanctions for making false statement of disclosure and for breaching a court order for specific disclosure?"
An unless order is more important.
This is because unless you do something specified in the order then your claim/defence is normally struck out and the other side win.
An order for specific disclosure needs to be complied with. If you fail to do so then the other side has to apply for an unless order about specific disclosure.
Case law refers to the principles of the Civil Procedure Rules about the two but not necessarily which is more important.
Can I clarify anything about this for you today please? Alex
we discussed this earlier, Alex. It is an appeal for sanction under CPR 3.4 (2) (c). I need some case laws to support grounds of appeal.
On what basis are you seeking to appeal?
that the judge should have made some sanction and ordering another directions hearing
So what ground are you saying applies? Error in law, procedure or decision was one which no reasonable Judge could have made?
Which two then because I gave three
error in law
the decision for third directions hearing
As we also discussed earlier I can not research case law for you for the fee you paid because it would not be economical for me.
But you can go to: www.lawtel.co.uk to research case law but you would have to subscribe.
okay, i will do that.
But I can say that there is a new rule also
Its part 1 which states the Court should be: enforcing compliance with rules, practice directions and orders.
a case which receives mixed or mildly negative judicial treatment as per westlaw, can it still be referred during proceedings ?