Marcan Shipping (London) Ltd. v. Candida Corpn and another [2007] EWCA Civ 463
“The sanction embodied in an “unless” order in traditional form took effect without the need for any further order if the party to whom it was addressed failed to comply with it in any material respect. Unless the party in default had applied for relief, or the court itself decided for some exceptional reason that it should act of its own initiative, the question whether the sanction ought to apply did not arise.”
WLR Daily, 17th May 2007
Source: www.lawreports.co.uk
