British Gas Trading Ltd v Oak Cash & Carry Ltd [2016] EWCA Civ 153, [2016] All ER (D) 128 (Mar)
The Court of Appeal dismissed an appeal by the defendant against the refusal of relief from sanctions imposed by an unless order pursuant to CPR 3.9. In order to assess the seriousness and significance of a breach of an unless order, it was necessary to look also at the underlying breach. The fact that an applicant had failed to comply with an unless order, as opposed to an “ordinary” order, was undoubtedly a pointer towards seriousness and significance. On the facts of the present case, the breach had been serious and significant, there had been no good reason for the defendant’s non-compliance and the delay had substantially disrupted the progress of the action.
