Minnoch and others v Interservefm Ltd and others (2023)

The EAT have held in this case that the ET erred in law in striking the claim out for breach of an unless order, stating that it "did not direct.. [itself]...to the law, in particular to the need to consider whether there was material non-compliance. The original case management order was not well suited to conversion to an unless order...[the unless] order was ambiguous....The approach...adopted was punitive rather than facilitative." The EAT noted that it had been held in Polyclear Ltd v Wezowicz and others (2022) that: "It is well established from the authorities that particular care must be taken in making unless orders because the automatic consequences of noncompliance are so draconian."