header-logo header-logo

05 December 2025 / Mary Young
Issue: 8142 / Categories: Features , Procedure & practice , Fraud
printer mail-detail

Debarring orders: Be careful what you wish for?

237724
Debarment: shortcut to judgment or simply a trial management tool? Mary Young reports
  • Debarment can be used to accelerate determination of a claim at a lower cost to the claimant, and it can be extremely effective. But in some circumstances, the issues relating to the extent of a defendant’s participation in a trial may be more nuanced.
  • Even where a defendant has been debarred, residual discretion and the exercise of the court’s judicial function tend to lead to a limited degree of participation being allowed by the court.

‘A debarring order is an important sanction available to the court in the exercise of its case management powers, and an important method of ensuring that the court’s case management orders are respected.’ So summarised Mr Edwin Johnson KC, sitting as a deputy judge in Times Travel (UK) Ltd v Pakistan International Airlines Corp [2019] EWHC 3732 (Ch).

Obtaining an unless order with a view to debarring a defendant from defending the claim is a tactic employed, when

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
back-to-top-scroll