‘Unless’ orders

RC Residuals v Linton Fuel Oils Ltd and another (CA SJ 24 May)

On an assessment of damages the parties did not meet the time limits for the service of expert reports, resulting in the original hearing date being vacated. The judge refixed the hearing and ordered that unless the claimants served upon the defendants expert reports by 4pm on a particular date they would be debarred from relying on that evidence at trial. When the claimants were ten minutes late serving one report and 20 minutes late with the other, the judge refused to grant them relief from sanctions under CPR 3.9 and barred the evidence.