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Lord Justice Lewison said,

12. Whether to grant relief against sanctions is a discretionary decision. The exercise of that discretion is entrusted to the first instance judge. This court can only interfere if the judge has taken account of irrelevant factors, ignored relevant factors or reached a decision that is plainly wrong…
13. There is no doubt in my mind that, compatibly with Article 6 of the Convention, the court can make summary orders disposing of proceedings. There is equally no doubt that it can make orders striking out proceedings if its own orders are not complied with. This power is not removed merely because a dispute relates to someone’s home, but Article 8 does of course require consideration of the effect which the strike out or the refusal of relief from sanctions would have.

16 In considering the effect on Miss Ginty of the refusal of relief from sanctions, he [the judge] also took into account or, in the language of Article 8 , “had respect for” Miss Ginty’s home.

[Edited for ease of reading].

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