Unless Order in UK Law

Leading Cases
  • Re Jokai Tea Holdings Ltd (Note)
    • Court of Appeal (Civil Division)
    • 15 Feb 1989

    In my judgment, in cases in which the court has to decide what are the consequences of a failure to comply with an Unless Order, the relevant question is whether such failure is intentional and contumelious. The court should not be astute to find excuses for such failure since obedience to orders of the court is the foundation on which its authority is founded.

  • Marcan Shipping (London) Ltd v Kefalas and Candida Corporation
    • Court of Appeal (Civil Division)
    • 17 May 2007

    In my view it should now be clearly recognised that the sanction embodied in an “unlessorder in traditional form 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. This has a number of consequences, to three of which I think it is worth drawing particular attention.

  • Smith v East Elloe Rural District Council
    • House of Lords
    • 26 Mar 1956

    But this argument is in reality a play on the meaning of the word nullity. An Order, even if not made in good faith, is still an act capable of legal consequences. Unless the necessary proceedings are taken at law to establish the cause of invalidity and to get it quashed or otherwise upset it will remain as effective for its ostensible purpose as the most impeccable of Orders.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 27 Nov 2013

    If the non-compliance cannot be characterised as trivial, then the burden is on the defaulting party to persuade the court to grant relief. If there is a good reason for it, the court will be likely to decide that relief should be granted.

  • Norwich Pharmacal Company v Commissioners of Customs and Excise
    • House of Lords
    • 26 Jun 1973

    They seem to me to point to a very reasonable principle that if through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers.

  • Allen v Sir Alfred McAlpine & Sons Ltd
    • Court of Appeal (Civil Division)
    • 11 Ene 1968

    But also, if after the plaintiff has been guilty of unreasonable delay the defendant so conducts himself as to induce the plaintiff to incur further costs in the reasonable belief that the defendant intends to exercise his right to proceed to trial notwithstanding the plaintiff's delay, he cannot obtain dismissal of the action unless the plaintiff has thereafter been guilty of further unreasonable delay.

  • Minton v Minton
    • House of Lords
    • 23 Nov 1978

    There are two principles which inform the modern legislation. One is the public interest that spouses, to the extent that their means permit, should provide for themselves and their children. The law now encourages spouses to avoid bitterness after family break-down and to settle their money and property problems. An object of the modern law is to encourage each to put the past behind them and to begin a new life which is not overshadowed by the relationship which has broken down.

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  • Intellectual Property Act 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... on death (or in the case of a body corporate on its dissolution), unless-. . . (a) the design was used, or the preparations for its use were ... . (1) The Secretary of State may by order make provision for giving effect in the United Kingdom to the provisions ......
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • England & Wales
    • 1 de Enero de 2014
    ...... issued by the Lord Chancellor under article 8 of the Fees Order; . "decision maker" means the maker of a decision against which an appeal is brought; . "dispose of proceedings" includes, unless indicated otherwise, disposing of a part of the proceedings; . "document" ......
  • The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ......order is made, under rule 94 of Schedule 1; . “President” means either of ... to be a true copy of an entry of a judgment in the register shall, unless the contrary is proved, be sufficient evidence of the document and its ......
  • Landfill Tax (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... . (5) The Scottish Ministers may, by order, make provision varying the meaning of the disposal of material by way of ... material of a particular category) for the purposes of this section unless conditions specified in the order are fulfilled. . (8) A condition ......
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Books & Journal Articles
  • A strategic approach to managing a downturn
    • Núm. 8-1, Noviembre 2008
    • Strategic HR Review
    • 28-33
    Purpose: This paper seeks to examine how organizations can not only survive the effects of a downturn by taking a strategic approach, but also use this opportunity to emerge from uncertain times le...
    ...... funding or reducing investment in core parts of the business unless it is absolutely necessary. Instead they are innovative about retaining lent in order to gain competitive advantage when market conditions improve and create an ......
  • A‐Legality: Postnationalism and the Question of Legal Boundaries
    • Núm. 73-1, Enero 2010
    • The Modern Law Review
    This paper critically examines the prevailing assumption that legal boundaries are becoming irrelevant in postnationalism. While the boundaries of the nation‐state are forfeiting some of their hold...
    ...... some of their hold on humanbehaviour, postnational legal ordersare simply not legal ordersu nless theycan in some waydraw the spatial, ... the de-loc alisation thesis , that no leg al order is conceiv able unless it is bounded spa tially , in the same way tha t it cannot but be bounded ......
    • Núm. 21-4, Abril 1965
    • Journal of Documentation
    • 236-249
    The communications block is undeniable and its removal imperative. No modern society—and least of all Britain—can prosper unless it hastens the process which translates original thought into execut...
  • Quality in higher education: from monitoring to management
    • Núm. 11-1, Marzo 2003
    • Quality Assurance in Education
    • 5-14
    Concepts of accountable management in the public sector have ensured that issues relating to performance measurement have been high on the agenda of higher education institutions. Several quality i...
    ...... should look to private sector models of performance measurement in order to address important quality issues. In taking such models, the paper ... that key performance indicators on their own can be dysfunctional unless they are grounded within the culture of a strategy-focussed organisation. ......
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Law Firm Commentaries
  • UK Ministry of Defence Loses Landmark Afghan Veteran Case Due To Sloppy E-Disclosure
    • LexBlog United Kingdom
    The UK Ministry of Defence (“MoD”) lost a high-profile case after failing, first, to comply with a trial judge’s disclosure order and failing to meet a deadline for compliance with the court’s “Unl...
    ...... after failing, first, to comply with a trial judge’s disclosure order and failing to meet a deadline for compliance with the court’s “Unless ......
  • COVID-19: temporary insolvency provisions extended for another three months. Welcome breathing space or delaying the inevitable?
    • JD Supra United Kingdom
    Last week saw the government further extend COVID-19 emergency insolvency provisions until 31 March 2021. Since April, these have: imposed a blanket restriction on winding-up petitions based on sta...
    ...... restricted creditors from presenting a winding-up petition, unless they can prove COVID-19 has not had a financial effect on the debtor (and restricted the court from making a winding-up order, unless satisfied as such); and. protected tenants from eviction by ......
  • Summary note on disclosure in civil proceedings
    • JD Supra United Kingdom
    Disclosure orders - Disclosure involves parties to litigation identifying and making available to each other (unless privileged) relevant documents in their control, in accordance with a...
    ...... Disclosure orders Disclosure involves parties to litigation identifying and making le to each other (unless privileged) relevant documents in their control, in accordance with a ......
  • Removing an arbitrator is an extreme remedy
    • JD Supra United Kingdom
    You might not like an arbitrator's order or an award, but you cannot seek to remove the arbitrator unless their actions have caused or might lead to substantial injustice.
    ...... . You might not like an arbitrator's order or an award, but you cannot seek to remove the arbitrator unless their ......
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