header-logo header-logo

CIVIL LITIGATION

31 May 2007
Issue: 7275 / Categories: Case law , Law digest
printer mail-detail

Marcan Shipping (London) Ltd v Candida Corporation [2007] EWCA Civ 463, [2007] All ER (D) 277 (May)

The sanction embodied in an “unless” order 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. It is therefore unnecessary, and inappropriate, for a party who seeks to rely on such non-compliance to make an application to the court for the sanction to be imposed, since that sanction takes effect automatically as a result of the failure to comply with the order.

 If an application to enter judgment is made under CPR 3.5(5), the court’s function is limited to deciding what order should properly be made to reflect them sanction which has  already taken effect. Unless the party in default has  applied for relief, or the court itself decides for some exceptional reason that it should act of its own initiative, the question of whether the sanction ought to apply does not arise. It must be assumed that, at the time of making the

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

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
back-to-top-scroll