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Practice – Pre-trial or post-judgment relief. When the first claimant failed to comply with an unless order, the case against the defendants was automatically struck out. The claimants applied to the court to have the claim reinstated. The judge refused the application and the claimants appealed. The only basis on which the appeal was pursued was that the automatic strike out provisions had not been triggered as there had been no substantial breach of the unless order. The Queen's Bench Division dismissed the appeal on many bases but particularly in the interests of finality in litigation.
Practice – Pre-trial or post-judgment relief. When the first claimant failed to comply with an unless order, the case against the defendants was automatically struck out. The claimants applied to the court to have the claim reinstated. The judge refused the application and the claimants appealed. The only basis on which the appeal was pursued was that the automatic strike out provisions had not been triggered as there had been no substantial breach of the unless order. The Queen's Bench Division dismissed the appeal on many bases but particularly in the interests of finality in litigation.
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