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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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The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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