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'Unless' Orders

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The Court of Appeal has held that 'Unless' orders take effect without further action from the tribunal. So if a date passes under an 'Unless' order without the relevant party complying, the consequence (usually a strike-out) takes effect automatically on that date - no further application or action is required by either the tribunal or the other party.

Prior to a 2007 case in the Court of Appeal in normal civil litigation, it was unclear whether a further application or Order was required to give effect to the consequences of a failure to comply with an 'Unless' Order. The 2007 case, Marcan Shipping v Kefalas, made it clear that no further action was needed. This new case, Chukwudebelu v Chubb Security, makes it clear that the same principle applies in employment tribunals (see paras. 38-39).