THE RESPONDENTS’ ARGUMENTS ABOUT FAILURES OF PROCEDURE WERE NOT “NIT PICKING”: RATHER THEY SHOWED THAT THE APPLICATION HAD NOT BEEN PROPERLY BROUGHT AND COULD NOT BE CONSIDERED…

There are often major differences of view as to the effect of non-compliance with the rules. We have such differences here.  The claimants, in default, regarded the respondents' procedural objections as "nit-picking". The judge, however, held that the default was so fundamental that the application ...