Debarring Orders & Unless Orders - Twin Protagonists in the World of Non-Compliance

Introduction

Described as one of civil litigation’s ‘nuclear weapons’, an unless order has the potential to put pressure on another party to the claim. But false expectations can be raised by applications for an unless order. This is either because the application is misconceived, or the court does not enforce the threatened consequences when there is a default in complying with the order.

The lessons from case law should assist practitioners not to make wrongly judged attempts to obtain an unless order when they may be better placed by pursuing the substantive claim. And avoid losing money by failing to enforce them.

A debarring order is, however, a ‘knock-out’ outcome, ending a defendant’s opportunity to put forward any defence. In which circumstances are such orders given, and what are the consequences for the claim?

What You Will Learn

This live and interactive course will cover the following:

• The source of the court’s power to debar a defendant from defending the claim
• Equivalence for non-compliant claimants
• Is there a trial and can a debarred defendant attend it?
• Using an unless order to obtain the payment of previous costs orders or disclosure
• Addressing the ‘stifling access to justice’ argument
• When a court will readily enforce the sanction in an unless order
• And when it will not
• Rescinding a debarring order or an unless order - on what grounds?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.