Unless orders

by Jolyon on 18 May, 2007

Marcan Shipping (London) Ltd v Kefalas.

CA (Civ Div). 17 May 2007

Sanctions under an ‘unless’ order take effect without the need for any further order in the event of non-compliance in any material way. The other party does not need to apply to the court for the sanction to be imposed. Rather, the party in default has to apply for relief from the sanction under CPR r.3.8 if it wishes to escape its consequences.
Appeal dismissed.

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