There may be an argument - perhaps to be decided by the courts on another day - that applying to vary an Unless Order is sufficient to have complied with it. If there is any merit to this argument, however, it will be essential that the application to vary has been made before the time for compliance has expired, since at that point the Unless Order will automatically take effect and the claim will be struck out.
Riniker v City and Islington College Corporation - can application to vary Unless Order amount to compliance?
Court of Appeal - 27/01/12
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Riniker v City and Islington College Corporation - can application to vary Unless Order amount to compliance?
There may be an argument - perhaps to be decided by the courts on another day - that applying to vary an Unless Order is sufficient to have complied with it. If there is any merit to this argument, however, it will be essential that the application to vary has been made before the time for compliance has expired, since at that point the Unless Order will automatically take effect and the claim will be struck out.
Read More.
