The court granted relief from sanctions imposed in an unless order requiring the defendants to provide particulars of their claims to privilege over certain documents by a certain date or be debarred from claiming privilege over them. When considering whether to grant relief under CPR 3.9, the fundamental nature of the right to privilege is of overwhelming importance and it would be hard to envisage any circumstances where this right could properly be overridden by the exercise of a case management power (JSC BTA Bank v Shalabayev).
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