“…(b) applies because the court cannot vary a deemed order pursuant to its case management powers under CPR r 3.1(7): Lahey v Pirelli Tyres Ltd [2007] 1 WLR 998; [2007] EWCA Civ 91. As Birss J noted at paragraph 25 of his judgment in the Finnegan case, the Court of Appeal was concerned with an application to vary a deemed order by substit…”
“…ble” and “improper” here have the same meanings as they have in the wasted costs provisions, for the reasons given by Dyson LJ in Lahey v Pirelli Tyres Limited [2007] EWCA Civ 91 at [29]: both provisions apply to legal representatives, and it is unlikely that it was the draftsman’s intention that such a representative could be liable un…”