Star News Shops v Stafford Refrigeration Ltd and UPO (Uk) Ltd and others and Unite Hermetique: CA 30 Oct 1997

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.


Gazette 12-Nov-1997, Times 18-Nov-1997, [1997] EWCA Civ 2614


Rules of the Supreme Court 24 16(1)


England and Wales

Litigation Practice

Updated: 09 November 2022; Ref: scu.143013