The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.
This Practice Note provides guidance on a particular type of order known as an ‘unless order’, sometimes referred to as a debarring order or peremptory order. The automatic consequence of breaching an unless order is that a sanction is applied (usually a strike out of a claim or defence) and it is necessary to apply for relief from sanctions—see: What are the consequences of breaching an unless order?
This Practice Note should therefore be read in conjunction with the following Practice Notes:
Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))
Relief from sanctions—the application
Relief from sanctions—the courts’ approach
An ‘unless order’ is an order by which a conditional sanction is attached to an order requiring performance of a specified act by a particular date or within a particular period (Marcan Shipping v Kefalas). CPR 3.1(3) provides that when the court makes an order it may make it subject to conditions (including a condition to pay a sum of money into court) and specify the consequence of failure to comply with the order or
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