A decision under the old CPR 3.9. The first instance decision was upheld. Lewison L.J. said at [para 18],

‘As [counsel] recognizes, and it has been said more than once in this court, it is vital for the Court of Appeal to uphold robust fair case management decisions made by first instance judges. It has also been said, not least by Jackson L.J., that the culture of toleration of delay and non-compliance with court orders must stop. I can find no fault with the judge’s approach or with the exercise of his discretion. I would therefore dismiss the appeal.’