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.