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This case provides that applications to set aside judgment under CPR 13.3 are covered by the CPR 3.9 regime. Silber J said,

“34 The new regime came into force on 1 April 2013. It is common ground that the illuminating and very comprehensive 15th and 18th Lectures in the Implementation Programme on the Application of the Amendments to the CPR do not deal specifically with the approach to CPR 13.3 and my attention has not been drawn to any of the other lectures in that series that deal with this issue or anything in Sir Rupert Jackson’s report which does.

35 Mr Neaman submits that the underlying philosophy and the rationale behind the consequential amendments to the CPR have changed the approach of courts to failures to comply with all rules and orders, including CPR 13(3).

36 Insofar as Mr Dale contends that the new regime does not apply to the special rules under CPR Part 13 because there had been no trial, I cannot agree because the new regime has universal application to all rules in the CPR . Indeed, it is based on and underpinned by the changes to the overriding objectives which apply to all parts of the CPR . As is widely known, the new overriding objectives in CPR 1.1 state …that:

“(1) These rules are a new procedural code with the overriding objective of enabling the court to deal with cases justly and at proportionate cost .

(2) Dealing with a case justly and at a proportionate cost includes, so far as is practicable …

(f) enforcing compliance with rules, practice directions and orders.”

37 There is no express statement that CPR Part 13 or that any part of it is excluded from these provisions and I have found nothing in the rules or in the decided cases to show expressly or impliedly that this is so.”

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