Unless Orders



Where a party fails to take a step ordered by the tribunal, instead of striking out the claim the tribunal can allow one last chance, by making an Unless Order. This is an order that requires a party to do something by a certain date, on the understanding that unless the step is taken, the claim will be struck out (i.e. dismissed automatically). Failure to comply with an Unless Order is always very serious. It can result in being barred from bringing or defending the claim at all. 



Unless Orders must be written in very clear language. It must be obvious to the recipient exactly what must be done and by when (Mace v Ponders End International Limited [2014] UKEAT 0491/13/LA).