DEFENCES STRUCK OUT BECAUSE OF A FAILURE TO COMPLY WITH PEREMPTORY ORDER FOR DISCLOSURE: SHOULD RELIEF FROM SANCTIONS BE GRANTED?

Here we look at a case where the defendants failed to comply with a peremptory order for disclosure.  The defences stood struck out.  The issue the judge had to determine was whether relief from sanctions should be granted. This in turn required an examination of why the peremptory orders had been g...