Becontree Heath Islamic Society (DCM) Ltd & Anor v Shafik & Ors

Becontree Heath Islamic Society (DCM) Ltd & Anor v Shafik & Ors

The claimants failed to comply with the unless order by not specifying, clearly and precisely, the matters required for each defendant. The claims against the relevant defendants were therefore automatically struck out at 4.01 pm on 7 April 2023. The court has no general discretion to avoid the automatic strike out in the absence of an application for relief from sanctions or a successful appeal against the unless order.

Parties
Claimant: Becontree Heath Islamic Society (DCM) Ltd and another; Defendant: Shafik and others
Jurisdiction
England and Wales
Judgment Date
18 November 2025
Procedural Posture
Civil Appeal / Judgment on Appeal Against Strike Out Orders
Outcome
Appeal dismissed
Legal Topics
Unless Orders, Strike Out, Pleadings, Relief From Sanctions
Civil Procedure Unless Orders Strike Out Pleadings Relief From Sanctions

Case Brief

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Parties

Becontree Heath Islamic Society (DCM) Ltd and another

Claimant

Shafik and others

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal Against Strike Out Orders

Legal Issues

  1. 1 Whether the claimants complied with the requirements of an unless order for amended particulars of claim
  2. 2 Whether the claims against certain defendants were automatically struck out for non-compliance
  3. 3 Whether the court has discretion to avoid strike out in the event of non-compliance

Ratio Decidendi

The claimants failed to comply with the unless order by not specifying, clearly and precisely, the matters required for each defendant. The claims against the relevant defendants were therefore automatically struck out at 4.01 pm on 7 April 2023. The court has no general discretion to avoid the automatic strike out in the absence of an application for relief from sanctions or a successful appeal against the unless order.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal granted
  • Appeal dismissed