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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is an unless order more important than a specific disclosure

Customer Question

Is an unless order more important than a specific disclosure order? Are there any case laws concerned with sanctions for making false statement of disclosure and for breaching a court order for specific disclosure? Is the decision of Carlco Ltd v Chief Constable of Dyed-Powys (2002) EWCA relevant in this context ?
Submitted: 4 years ago.
Category: Property Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : I note you have asked for low urgency and low detail and that means we would not be able to conduct legal research for the fee paid. But I can answer your question about the Order if that is ok with you?
Customer :

Alex, I don't know how to make it more urgent. Can you make a suggestion?

Alex Watts : Its not the urgency but we can not undertake legal research for you, this is a question and answer site.
Customer :

Okay, I thought the legal experts may be aware of legal cases.

Alex Watts : But as I said this site is for information only. Experts are aware of case law but research can not be carried out for you.
Customer :

Can you respond to part of my question atleast i.e. "Is an unless order more important than a specific disclosure order? Are there any case laws concerned with sanctions for making false statement of disclosure and for breaching a court order for specific disclosure?"

Alex Watts :

An unless order is more important.

Alex Watts :

This is because unless you do something specified in the order then your claim/defence is normally struck out and the other side win.

Alex Watts :

An order for specific disclosure needs to be complied with. If you fail to do so then the other side has to apply for an unless order about specific disclosure.

Alex Watts :

Case law refers to the principles of the Civil Procedure Rules about the two but not necessarily which is more important.

Alex Watts :

Can I clarify anything about this for you today please? Alex

Customer :

we discussed this earlier, Alex. It is an appeal for sanction under CPR 3.4 (2) (c). I need some case laws to support grounds of appeal.

Alex Watts :

On what basis are you seeking to appeal?

Customer :

that the judge should have made some sanction and ordering another directions hearing

Alex Watts :

So what ground are you saying applies? Error in law, procedure or decision was one which no reasonable Judge could have made?

Customer :

both

Alex Watts :

Which two then because I gave three

Customer :

error in law

Customer :

and decision

Customer :

the decision for third directions hearing

Alex Watts :

As we also discussed earlier I can not research case law for you for the fee you paid because it would not be economical for me.

Alex Watts :

But you can go to: www.lawtel.co.uk to research case law but you would have to subscribe.

Alex Watts :

Or www.bailii.org/

Customer :

okay, i will do that.

Alex Watts :

But I can say that there is a new rule also

Alex Watts :

Its part 1 which states the Court should be: enforcing compliance with rules, practice directions and orders.

Alex Watts :

Can I clarify anything about this for you today please? Alex

Customer :

a case which receives mixed or mildly negative judicial treatment as per westlaw, can it still be referred during proceedings ?

Alex Watts : Yes if course.