Unless order Definition

GLOSSARY

Published by a ��Ӱ�� Dispute Resolution expert

What does Unless order mean?

An order directing that a specified sanction will be imposed unless the party concerned takes a specified step before a given date.

The sanction specified occurs automatically on a failure of the party to comply with the unless order; no further order is required: CPR Rule 3.8.

Dispute Resolution

An order directing that a specified sanction will be imposed unless the party concerned takes a specified step before a given date.

The sanction specified occurs automatically on a failure of the party to comply with the unless order; no further order is required: CPR Rule 3.8.

View the related checklists about Unless order

Considerations when dealing with litigants in person—checklist

Considerations when dealing with litigants in person—checklist Issue Comment Link to Lexis+® UK guidance/external links To what extent is a represented party required to assist a litigant in person? A legal representative’s paramount duty is to the court and to the administration of justice. Subject to that, the legal representative’s duty is to the client. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceThe Law Society—Litigants in person: guidelines for lawyers, paras 7–9Legal Services Act 2007, s 1(3) A legal representative must not abuse their position by taking unfair advantage of a litigant in person but there is no obligation to help a litigant in person run their case or to take any action on a litigant in person’s behalf. Practice Note: Litigants in person—general considerations, resources and regulators' guidanceSRA Code of Conduct for Solicitors, RELs and RFLs, para 1.2SRA Code of Conduct for Firms, para 1.2The Law Society—Litigants in person: guidelines for lawyers, para 18 When exercising its powers of case management, the court must consider whether...

Skeleton argument—checklist

Skeleton argument—checklist This Checklist sets out the format a skeleton argument should follow and provides a summary of the content required together with some practical points to consider. It should be read in conjunction with Practice Note: Skeleton arguments. Information on the structure and content of a skeleton argument will also depend on the court in which the claim is proceeding. For further information, see Practice Note: Skeleton arguments—Court specific guidance. The CPR contain guidance in relation to skeleton arguments for use during appeals, but this guidance can be useful in general, and not just in appeal cases. For information on these provisions, see Practice Note: Skeleton Arguments in an appeal—general provisions. Structure Content Example/ practical points to consider Heading State what the document is and who you are acting for.If there is more than one skeleton argument in the case eg if skeleton arguments have been used for prior applications, make sure that you differentiate between the skeleton arguments by clarifying the hearing for which it is to...

Unless orders

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.This Practice Note provides guidance on a particular type of order known as an ‘unless order’, sometimes referred to as a peremptory order. The automatic consequence of breaching an unless order is that a sanction is applied (usually a strike out of a claim or defence) and it is necessary to apply for relief from sanctions—see: What are the consequences of breaching an unless order?This Practice Note should therefore be read in conjunction with the following Practice Notes:•Case management—compliance•Strike out for failure to comply with a rule, practice direction or order (CPR 3.4(2)(c))•Relief from sanctions—making or opposing an application•Relief from sanctions—the courts’ approachWhat is an ‘unless order’?An ‘unless order’ is an order by which a conditional sanction is attached to an order requiring performance of a specified act by a particular date...

Striking out and unless orders in employment tribunal proceedings

The power to strike out all or part of a claim or response is the tribunal's most powerful tool where a claim is seriously misconceived, has not been conducted properly (or perhaps not pursued at all), or where there has been serious failure to abide by the ET Rules and/or the tribunal's case management orders.The tribunal has power in certain circumstances to strike out without further ado: see When and how striking out may occur, below.Sometimes, however, it may take the view that giving the offending party one last chance to rectify matters, before all or part of its claim or response is dismissed, is more appropriate. In such instances the making of an 'unless order' will be the appropriate course: see Unless orders: how they work, below.When and how striking out may occurA tribunal has the power to strike out:•the whole claim•part of the claim•the whole response of a respondent•part of a respondent's responseAny order striking out all or part of a claim or response may be made:•at any...

Discover our 125 Practice Notes on Unless order

Unless order

Unless order Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] Between [insert name] Claimant / [Applicant OR Respondent] and [insert name] Defendant / [Applicant OR

Letter responding to request for extension of time for compliance with rule, practice direction or court order

Letter responding to request for extension of time for compliance with rule, practice direction or court order [insert name and address of claimant or claimant's legal representative] [insert date] Dear [insert organisation name] [Claimant v Defendant—Case number] Thank you for your letter of [insert date] requesting an extension of time [set out details of the requested extension]. [ [[We have carefully considered your request but confirm that we are unable to agree to it.] [Set out reasons for refusing request] OR [set out reasons why the requested extension is too long, and make proposal for a shorter extension]] OR We have considered your request and are willing to agree

Dive into our 7 Precedents related to Unless order

In proceedings involving the Trusts of Land and Appointment of Trustees Act 1996, can evidence be struck out that has not been filed on time in line with directions? If so, does a formal application have to be made by the party wanting to strike out the evidence?

In proceedings involving the Trusts of Land and Appointment of Trustees Act 1996, can evidence be struck out that has not been filed on time in line with directions? If so, does a formal application have to be made by the party wanting to strike out the evidence? In civil proceedings, where a party does not disclose evidence in line with a disclosure order by the court, this may be a breach of the party’s disclosure duties. Guidance on such a failure can be found in Practice Note: Disclosure—parties' duties, in particular the section titled: Failure to comply with disclosure obligations, which considers (among other things): • whether a case will be struck out if a party fails to comply with its disclosure obligations • what happens if there are significant issues with a party’s disclosure

If the applicant in a sole application for divorce refuses or fails to apply for the conditional order, what are the options and procedures available to the respondent?

If the applicant in a sole application for divorce refuses or fails to apply for the conditional order, what are the options and procedures available to the respondent? The key procedural requirement to be considered in answering this question is to be found in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.12. FPR 2010, SI 2010/2955, 7.12(1)(a) provides that a respondent may not make an application for a matrimonial or civil partnership order for the same relief in respect of the same marriage or civil partnership, unless the first application has been dismissed or finally determined or the court gives permission. Therefore, it is suggested that initially the respondent’s solicitor should write to the applicant’s solicitor indicating that the respondent is minded to apply for the divorce application to be dismissed, unless the applicant applies for a conditional order by a stated date and that, if it is necessary to make such an application, an order for costs will be sought against the applicant. This may suffice to spur...

See the 21 Q&As about Unless order

Arbitration weekly highlights—14 November 2024

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from India, France, Singapore, Russia and the USA; updates from UNCITRAL, LCIA, ICC, the Peoples Republic of China’s MOJ, and of the Arbitration Bill being presented to the House of Commons. All this, and more in our weekly highlights.

Singapore—Non-compliance with ‘unless’ orders: A Costly Pitfall in Arbitration Award Enforcement (Wuhu Ruyi Xinbo Investment Partnership v Shandong Group)

Arbitration analysis: This case concerned a peremptory order (also known as an ‘unless’ order) granted by the Singapore High Court, which provided that the claimant’s application for the enforcement of an arbitral award would be dismissed unless it complied with a document production order (the ‘Unless Order’). The second respondent alleged that the claimant had failed to comply with the Unless Order and accordingly sought to have the claimant’s enforcement application dismissed. The court agreed that the claimant was in breach of the Unless Order, and that the appropriate outcome was to dismiss the claimant’s enforcement application. This case serves as an important reminder to legal practitioners of the need to ensure that ‘unless’ orders are properly complied with, and of the serious adverse consequences that may otherwise follow. Written by Yu-Jin Tay, Global Co-Head of International Arbitration and Office Managing Partner (Singapore) at Mayer Brown.

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