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Fail to engage at your peril! A debarring order is just that...

The recent Court of Appeal decision in the case of Hirachand v Hirachand [2021] EWCA Civ 1498 is a stark reminder that parties to legal proceedings need to engage with the legal process to protect their position. In this case a failure to engage with the court process including complying with court orders led to a debarring order such that the litigant was unable to participate in the trial.

An appeal on the basis of the appellant having been unable to participate in the trial was unsuccessful and the Court of Appeal maintained that the lower court had no obligation to proactively manage the attendance of a debarred party. 

Whilst this is not surprising, it does serve as a reminder of the importance of engaging with the legal process to protect your position. 

I agree with DHJ Johnson that debarring orders should mean what they say and that a litigant who is debarred as a consequence of their own failure to comply with the rules cannot expect nevertheless to be entitled to have made available to him or her all the proper and carefully developed protections which have been put in place over the years to ensure that a participating party can put their case effectively. In my judgment there is no obligation on a court proactively to manage the attendance of a debarred party, although it is a matter for a judge whether or not to grant any request from an attending party either for special measures or to address the court, for example as suggested by DHJ Johnson in relation to the form of any order.

Tags

dispute resolution, private client