Unless order

[FrankyG]

I have recieved a letter from Ashurst telling me that they have written to the court to request that it considers making an unless order in respect of my claim.It has sent me copies of the letter it has sent to the court 1.Letter dated the 17 th dec. 2 Copy of the Proposed Unless order. 3 Summary of the supreme Courts judgement test case between the OFT and the Banks. I havent a clue what its about could anyone help me please.

[Caspar]

Re: Unless order

Is this any help?



Term: unless order
1.
Unless Orders are court orders which specify that a party to the proceedings must do some act by a specified date. If that act is not done, some specified consequence follows. Issuing orders in this form provide the litigant one final opportunity to comply with the directions of the court. The order sets out the event that will take place in the event of a failure
Supposing the defendant has failed to file an Allocation Questionnaire within the time specified by the Court. The court will probably order as follows:
"IT IS ORDERED
1. Unless the defendant files and serves an Allocation Questionnaire by 4.00 pm on [date], the defence and counterclaim shall be struck out.
2. ..."
In the case where the claimant has failed to serve a list of documents to give disclosure by the time the specified by the court:
"IT IS ORDERED:

1. Unless the claimant serves its list of documents by 4.00 pm on [date], the claim will be struck out and judgment entered for the claimant.
2. ..."

Unless orders may be issued by the court when discharging its case management powers, which may be at any time; when they are made, such court orders the consequences are automatic without further order of the court. In the event that the allocation fee or listing fee has not been paid by the relevant party to the litigation and the litigant has been issued a notice to pay the relevant fee an fails to do so, (1) the claim will automatically be struck out without further order of the court; and (ii) the claimant will be liable for the costs which the defendant has incurred unless the court orders otherwise.

[Amethyst]

Re: Unless order

Best idea Franky, is to type up the Unless Order Ashurts are proposing xxx As Casp says it will probably be to strike out your claim unless you apply to amend to take the OFT v Banks judgment into account.