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Practice – Pre-trial or post-judgment relief. The claimants appealed against two orders of two different masters on the basis of whether the orders properly gave permission to the defendant to amend his defence and counterclaim in the significant manner he purported to do and to withdraw admissions made in the original. The claimant contended that neither master complied with the Civil Procedure Rules in making these orders. The Queen's Bench Division held that while the masters might not have applied the rules precisely, the claimant had been treated fairly given the manner in which he had pursued his claim over the last 18 months. He was in as good a position to obtain the remedy or relief from the court he sought as he would have been had the masters approached the procedural issues differently.
Practice – Pre-trial or post-judgment relief. The claimants appealed against two orders of two different masters on the basis of whether the orders properly gave permission to the defendant to amend his defence and counterclaim in the significant manner he purported to do and to withdraw admissions made in the original. The claimant contended that neither master complied with the Civil Procedure Rules in making these orders. The Queen's Bench Division held that while the masters might not have applied the rules precisely, the claimant had been treated fairly given the manner in which he had pursued his claim over the last 18 months. He was in as good a position to obtain the remedy or relief from the court he sought as he would have been had the masters approached the procedural issues differently.
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