Marcan Shipping (London) Ltd v Kefalas & Anor

The sanction in the 'unless' order took effect automatically upon Marcan's failure to comply; no application for relief from sanction was made. The judge was correct to strike out the claim and award costs, and the appeal is dismissed.

Parties: Claimant/appellant: Marcan Shipping (London) Limited; Defendant/respondent: George Kefalas; Defendant/respondent: Candida Corporation
Jurisdiction: England and Wales
Judgment Date: 17 May 2007
Procedural Posture: Civil Appeal / Appeal From High Court Judgment
Outcome: appeal dismissed
Legal Topics: Unless Orders, Striking Out Claims, Relief From Sanctions, Case Management, Disclosure of Documents

Civil Procedure Unless Orders Striking Out Claims Relief From Sanctions Case Management Disclosure of Documents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1

Parties

Marcan Shipping (London) Limited

Claimant/appellant

George Kefalas

Defendant/respondent

Candida Corporation

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

1 Whether the court was correct to strike out the claim for failure to comply with an 'unless' order for disclosure and security for costs.
2 Whether the sanction in an 'unless' order takes effect automatically or requires further judicial intervention.
3 Whether the appellant was entitled to relief from the sanction imposed by the conditional order.

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Claim struck out for failure to comply with unless order.
Appellant to pay respondents' costs on the indemnity basis, to be assessed if not agreed.