header-logo header-logo

Home Login E-newsletter About us
19 December 2016 / Julia Messervy-Whiting , Sofia Lobosco
Issue: 7728 / Categories: Features , Procedure & practice , Costs , Insurance / reinsurance , CPR
printer mail-detail

Time to comply

© Copyright LexisNexis 2026. All Rights Reserved.

Julia Messervy-Whiting & Sofia Lobosco outline the importance of compliance with court orders, directions and CPR
    • An analysis of Eaglesham v MOD; Clearway Drainage Systems v Miles Smith; and UPL Europe Ltd v Agchemaccess Chemicals Ltd and others reinforcing the importance of compliance.

    In recent months, the importance of compliance with court orders, directions and CPR has again been reinforced.

    CPR “requires” all parties to adhere to the overriding objective to enable the courts to deal with all cases “expeditiously and fairly”. This involves observing case management provisions and directions.

    In a November 2016 decision (Eaglesham v MOD [2016] EWHC 3011 (QB)) this principle was illustrated in relation to “unless” orders.

    Application

    The defendant made application to extend time for compliance with an unless order and for relief from sanctions. The direction stated: “Unless the defendant complies with para 1 [disclosure of specified documents] in full the defence shall be

    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

    Read All
    Hugh James—Jonathan Askin

    Hugh James—Jonathan Askin

    London corporate and commercial team announces partner appointment

    Michelman Robinson—Daniel Burbeary

    Michelman Robinson—Daniel Burbeary

    Firm names partner as London office managing partner

    Kingsley Napley—Jonathan Grimes

    Kingsley Napley—Jonathan Grimes

    Firm appoints new head of criminal litigation team

    NEWS
    Read All
    APIL sees off ‘substantial prejudice’ defence
    Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
    ‘Lost years’ precedent overturned
    Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
    NLJ this week: Short lets & sharp covenants
    Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
    NLJ this week: Justice at the algorithm’s edge
    Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
    NLJ this week: Neutral counsel in a polarised age
    The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
    Copyright © 2026 LexisNexis
    back-to-top-scroll