It was wrong to prevent a party putting forward an arguable defence for failure to comply with directions in the absence of a peremptory unless order. A failure to comply with an order should not be dealt with by striking out unless the order was expressed as an ‘unless’ order.
Citations:
Gazette 12-Nov-1997, Times 18-Nov-1997, [1997] EWCA Civ 2614
Statutes:
Rules of the Supreme Court 24 16(1)
Jurisdiction:
England and Wales
Litigation Practice
Updated: 09 November 2022; Ref: scu.143013
