In Al Saud v Gibbs  EWHC 123 (Comm), Mr Gibbs was the subject of an order providing that, unless he complied with certain earlier orders, “he would be debarred from defending the proceedings.” Mr Gibbs did not comply with earlier orders, so the sanction was engaged. Mr Gibbs nonetheless made an application “to defend both the merits and quantum of liability, if any” in the proceedings.
The resolution of Mr Gibbs’ application required the Court to consider the effect of a debarring order. Calver J helpfully distilled eight principles, as follows:
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