Unless Order

Nordic Forest Terminals and Another v Monogenis CA [2001] All ER(D) 306

The defendants were ten minutes late in complying with an order debarring them from defending unless they complied with it. As the trial was only four weeks away the defendants decided to avoid the cost of making an interim application under CPR rule 3.8 but to make the application to the trial judge. He refused it. On appeal the Court of Appeal held that the sanction of debarment from defending was grossly disproportionate. The judge had failed to give sufficient weight to the fact that failure to seek relief earlier was not contumacious that due to a misguided but genuine wish to save costs. He had also failed to consider the relevant prejudice to the parties as required by CPR rule 3.9.