Appeal Court rules on ‘unless orders’

The Court of Appeal has ruled that ‘unless orders’ must be explicit and “mean what they say”, with the consequences of non-compliance taking effect automatically in accordance with the terms of the order. In the case of Marcan Shipping v Kefalas & Ors (2007), the court, however, held that it has the power to grant relief from a sanction if the party in default applies for such relief under Civil Procedure Rule 3.8. Graham Charkham of 20 Essex Street was instructed by Thomas Cooper & Stibbard on behalf of the respondent Kefalas, while Neil Henderson of Stone Chambers was instructed by Jackson Parton for appellant Marcan Shipping.