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Practice – Civil litigation. The appellant was a respondent to an application by the trustee in bankruptcy of her husband for declarations concerning the beneficial ownership of two properties. She appealed against a deputy registrar' refusal of her application for relief from sanction where she had failed to comply with court orders to serve evidence. The Chancery Division allowed the appeal in part in respect of one of the properties where a deputy registrar had displayed an error of principle. However, the court held that, in all the circumstances, it was not appropriate to exercise its discretion to grant relief from the sanction.
Practice – Civil litigation. The appellant was a respondent to an application by the trustee in bankruptcy of her husband for declarations concerning the beneficial ownership of two properties. She appealed against a deputy registrar' refusal of her application for relief from sanction where she had failed to comply with court orders to serve evidence. The Chancery Division allowed the appeal in part in respect of one of the properties where a deputy registrar had displayed an error of principle. However, the court held that, in all the circumstances, it was not appropriate to exercise its discretion to grant relief from the sanction.
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