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Previous post. I don’t think the judgment has been handed down yet. And it’s a tricky one.

When they first appeared the CPR were billed as simplifying civil procedure. In fact they’ve become suffocatingly all embracing with a propensity to reduce or circumscribe judicial discretion. There seems to be a rule for everything.

That said rules should be rules - by and large.

The present problem might be cured by adding - see what I mean about all embracing. . . - a provision to the relief from sanctions etc rules to the effect that in the case of an LIP the court could take into account whether or not the repped party had told him of the breach and given him a reasonable time to put it right if possible or to apply for relief. There would be no requirement to advise further.