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31 May 2007
Issue: 7275 / Categories: Case law , Law digest
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CIVIL LITIGATION

Marcan Shipping (London) Ltd v Candida Corporation [2007] EWCA Civ 463, [2007] All ER (D) 277 (May)

The sanction embodied in an “unless” order takes effect without the need for any further order if the party to whom it is addressed fails to comply with it in any material respect. It is therefore unnecessary, and inappropriate, for a party who seeks to rely on such non-compliance to make an application to the court for the sanction to be imposed, since that sanction takes effect automatically as a result of the failure to comply with the order.

 If an application to enter judgment is made under CPR 3.5(5), the court’s function is limited to deciding what order should properly be made to reflect them sanction which has  already taken effect. Unless the party in default has  applied for relief, or the court itself decides for some exceptional reason that it should act of its own initiative, the question of whether the sanction ought to apply does not arise. It must be assumed that, at the time of making the

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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