Unless Order

An unless order is a conditional court order that specifies a sanction (typically striking out the claim or defence) if a party fails to comply with a direction by a stated deadline. It is made under the court's general case management powers in CPR 3.1 and is treated as a final warning before the court imposes consequences for procedural non-compliance.

In practice

Unless orders are commonly made where a party has previously failed to comply with standard directions. If the deadline passes without compliance, the sanction takes effect automatically without the need for a further hearing. The party in default may apply for relief from sanctions under CPR 3.9, but the court applies the Denton principles: the seriousness and significance of the failure, why it occurred, and all the circumstances of the case.