A denial of natural justice at trial will not result in a new trial where the appellant has no arguable defence, as the retrial would be futile. A judge dealing with a self-represented litigant must inform them of their procedural rights including the right to call evidence, seek amendment of pleadings, and apply to withdraw deemed admissions. A costs order against a solicitor personally under r 63.23(1) requires balanced consideration of all relevant circumstances including whether senior counsel advised in favour of the application.
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