Unless Order in UK Law

Leading Cases
  • 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.

  • Samuels v Linzi Dresses Ltd
    • Court of Appeal (Civil Division)
    • 28 November 1979

    In my judgment, therefore, the law today is that a Court has power to extend the time where an "unless" Order has been made but not been complied with; but that it is a power which should be exercised cautiously and with due regard to the necessity for maintaining the principle that orders are made to be complied with and not to be ignored. Presumably it is a question for the discretion of the Master or the Judge in Chambers whether the necessary relief should be granted or not.

  • Smith v East Elloe Rural District Council
    • House of Lords
    • 26 March 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.

  • Lloyds Investment (Scandinavia) Ltd v Christen Ager-Hanssen
    • Chancery Division
    • 15 July 2003

    Although this is not intended to be an exhaustive definition of the circumstances in which the power under CPR Part 3.1(7) is exercisable, it seems to me that, for the High Court to revisit one of its earlier orders, the Applicant must either show some material change of circumstances or that the judge who made the earlier order was misled in some way, whether innocently or otherwise, as to the correct factual position before him.

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

    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. But if a party can clearly demonstrate that there was no intention to ignore or flaunt the order and that the failure to obey was due to extraneous circumstances, such failure to obey is not to be treated as contumelious and therefore does not disentitle the litigant to rights which he would otherwise have enjoyed.

  • Mitchell v News Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 27 November 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 June 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.

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • January 01, 2015
    ... ... (1) Where it appears to a court making a confiscation order that- ... (a) there is property held by the defendant that is likely to ... ) The court must not exercise the power conferred by subsection (1) unless it gives to anyone who the court thinks is or may be a person holding an ... ...
  • Sentencing Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... 3: Deferment order ... (1) In this Code “deferment order” means an order deferring ... (5) Unless the offender is convicted before the Crown Court of at least one of the ... ...
  • Abusive Behaviour and Sexual Harm (Scotland) Act 2016
    • Scotland
    • January 01, 2016
    ... ... in the charge of the offence in the complaint or indictment, and(b) unless the matter is challenged as provided for in subsection (2) ... (2) The ... to dealing with the person in any other way) a non-harassment order against the person.(1B) A non-harassment order is an order requiring the ... ...
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • January 01, 2014
    ... ... ;(b) any conflict with the requirements of any other court order or injunction to which the respondent may be subject ... (6) An ... (5) A direction under this section—(a) must be given in writing, unless that is not reasonably practicable;(b) must specify the area to which it ... ...
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Books & Journal Articles
  • Punishment and rehabilitation – Uneasy bedfellows under section 44 of the Crime and Courts Act 2013
    • No. 50-3, September 2017
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    Over the last 25 years, community sentences have evolved significantly. However, throughout this period there has been a consistent theme of rehabilitation underpinning them. Section 44 of the Crim...
    ... ... this by requiring that a punitive element is attached to a Community Order given under s177 Criminal Justice Act 2003 unless to do so would be ... ...
  • A strategic approach to managing a downturn
    • No. 8-1, November 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...
    ... ... cutting funding or reducing investment in core parts of thebusiness unless it is absolutely necessary. Instead they are innovative about retaining ... needed energetic, entrepreneurial and opportunity-seeking leaders in order to boostrevenues and margins. We worked closely with him and his executive ... ...
  • A‐Legality: Postnationalism and the Question of Legal Boundaries
    • No. 73-1, January 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...
    ... ... very distinction between legality and illegality , as drawn by an order of positiv e law: a-legality ... Rather than signalling the demise of legal ... 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 ... ...
  • Women in the Profession: The Composition of UK Political Science Departments by Sex
    • No. 32-3, October 2012
    • Politics
    This article outlines the composition by sex of political scientists in the UK. The data show that there are fewer women working in the profession than men and that there is a ‘seniority sex gap’. ...
    ... ...  university membership groupings and individual departments in order ...  seniority inequality will continue for a considerable time unless further action is taken ... Keywords:  ... ...
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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...
  • 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 court o...
    ... ... to litigation identifying and making available to each other (unless privileged) relevant documents in their control, in accordance with a rt order. Whilst the extent of disclosure will ultimately be determined by the ... ...
  • 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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