header-logo header-logo

31 May 2007
Issue: 7275 / Categories: Case law , Law digest
printer mail-detail

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

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll