Lloyd's Maritime Law Newsletter
The World Protector - Q.B.D. (Adm.Ct.) - 10 October 1984
Admiralty Practice - Summons for Directions - “Unless” order
Sheen J. said, in the course of his judgment, that in many cases the summons for directions was issued before discovery, and
that such a practice had to stop. In this case, the defendants were four days late in complying with an “unless” order for
specific discovery. The plaintiffs applied to strike out the defence, citing
Samuels
v.
Linzi Ltd.
[1981] Q.B. 115. The defendants asked the Court to extend the time for compliance restrospectively. Sheen J. granted the extension
on very strict terms, applying
Cropper
v.
Smith
(1884) 26 Ch.D. 700, 710.