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Lloyd's Maritime Law Newsletter

Hitachi Sales (U.K.) Ltd. v. Mitsui OSK Lines Ltd. - Court of Appeal (O’Connor & Neill L.JJ.) - 14 April 1986

Procedure - “Unless” order not complying with Rules of Court may be set aside as of right

The plaintiff had obtained a court requiring the defendants to serve further and better particulars of the Points of Defence within 14 days or else the Points of Defence would be struck out. The actual wording of the order read:

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