In the matter of Motley & Others v Shadwell Park Ltd, the Court of Appeal (
Sharp LJ and Henderson LJ)
considered whether Mr Justice Soole acted outside the ambit of his reasonable discretion in granting Shadwell Park Ltd
relief from sanction following its failure to submit an appeal bundle and skeleton argument in breach of paragraph 6.3 of Practice Direction 52B and a subsequent unless order that resulted in the appeal being struck out and a 3 hour appeal hearing being lost In granting
relief Mr Justice Soole found that the loss of the hearing was not as serious as a loss of a trial date.