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England and Wales decisions
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The court dismissed an appeal over whether a restoration application was “made” in time despite the wrong fee being paid, holding the application was validly made.
The claimant sufficiently complied with the unless order by supplementing the claim form with the required documents; the order was not clear enough to require a fresh standalone particulars of claim. The court and parties proceeded as if the claim was live, and the judge who made the order accepted compliance. The claim was not struck out and the appeal is allowed.
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Factor v Haddad & Ors [2026] EWHC 410 (Ch) (27 February 2026)
The High Court struck out a liquidator’s insolvency application after finding material non-compliance with an unless order requiring full disclosure particulars.
The High Court struck out a liquidator’s application after finding material non-compliance with an unless order requiring full and frank disclosure.
The High Court dismissed a bankruptcy appeal, holding that the appellants had delayed proceedings and had not shown a sufficient prospect of paying the guarantee debt in time.
PEY Capital Pte Ltd did not have permission to make non-consequential amendments to its defence under the April Order, and its application to withdraw admissions fails due to lack of proper explanation and absence of realistic prospects of success for the new defence. Unless order for disclosure is justified against State Aviation Company Limited due to persistent non-compliance, with sanction of being debarred from defending if disclosure is not provided by 31 January 2026. Alternative service against State Aviation is permitted given inability to effect service by conventional means.
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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.
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Midland Premier Properties Ltd & Anor v Doal & Ors [2026] EWCA Civ 117 (17 February 2026)
The Court of Appeal held the appellants had complied with an unless order on disclosure, so their defences should not have been struck out and the case was remitted.
Findings of default are not a legal precondition for making unless orders; the judge acted within his wide case management discretion in imposing general unless orders to ensure compliance with disclosure obligations in large-scale multi-party litigation; the orders were proportionate, lawful, and rationally connected to the legitimate aim of progressing litigation and ensuring fair lead claimant selection; extension of time for appeal was refused due to significant delay and lack of good reason; permission to appeal was refused as grounds lacked merit.
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Fieldfisher LLP v Scherbakova & Anor [2026] EWHC 104 (SCCO) (20 January 2026)
The High Court refused to discharge an unless order or grant relief from sanctions in a solicitor-fees dispute, finding no material change and no proved impecuniosity.
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