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England and Wales decisions
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The Upper Tribunal found the University of Exeter in contempt for 14 months of non-compliance with a disclosure order and imposed a £15,000 fine plus publication.
The appellants complied with the unless orders by giving the required instructions and serving the schedule produced by the e-disclosure provider; the orders did not require them to guarantee completeness or accuracy of the schedule. The strike out and debarring of defences was disproportionate as the judge failed to consider less draconian alternatives such as further unless orders, especially given the progress made and the limited scope of obligations. The appeal is allowed, orders set aside, and the matter remitted for re-trial.
Source excerpt
The Upper Tribunal found Cornwall Council in contempt for delayed and incomplete compliance with a substituted decision notice under FOIA/EIR, and ordered publication and £35,000 costs.
Serious Fraud Office & Anor v Litigation Capital Ltd [2025] EWHC 3486 (Comm) (20 November 2025)
The Commercial Court ordered £200,000 security for costs against trustees in bankruptcy who adopted a bankrupt claimant’s litigation, rejecting an exceptional-circumstances test.
Kireeva v Zolotova & Anor [2025] EWCA Civ 847 (12 June 2025)
The Court of Appeal dismissed a challenge to strike-out orders after finding a funding certificate was materially inaccurate and could not satisfy an unless order.
Khashoggi Holding Company v Molinari & Ors [2024] EWHC 3462 (Comm) (22 November 2024)
The Commercial Court extended disclosure deadlines, imposed any later-use restriction on late documents, and awarded costs against the Meta parties.
Isbilen v Turk & Ors [2024] EWCA Civ 568 (22 May 2024)
The Court of Appeal upheld a 12-month contempt sentence against Selman Turk for deliberate failures to comply with disclosure obligations in a freezing order.
nChain Holding AG v Ager-Hanssen [2024] EWHC 1230 (Comm) (03 May 2024)
The High Court found the defendant in contempt for repeated non-compliance with orders about confidential information and delivery up of devices, and imposed immediate prison sentences.
The Republic of Mozambique v Credit Suisse International & Ors [2023] EWHC 1650 (Comm) (03 July 2023)
The High Court refused applications to strike out Mozambique’s claims or bar its defence for disclosure failures, but warned that continued non-compliance could lead to sanctions.
Commercial Bank of Dubai PSC & Ors v Al Sari & Ors [2023] EWHC 1484 (Comm) (10 March 2023)
The High Court made an unless order requiring the defendants to serve evidence by 24 March 2023, with debarment from relying on evidence if they did not comply.
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