Control directions, deadlines and non-compliance
Treat the directions as your instructions. If the other side misses one, make a fair, documented request rather than assuming debarment follows.
Convert directions into a tracker
On receipt, copy every obligation into a deadline tracker with the responsible person, service method and proof of service. Include disclosure, schedules, statements, bundle steps, hearing-fee dates and any requirement to copy the other side.
File early enough to correct a delivery failure. Keep the sent message, delivery receipt and exact attachment set.
- Direction paragraph
- Who must act
- Due date and time
- Required format
- Service recipients
- Status and proof
- Consequence stated in the order
Choose a proportionate response to a missed direction
First identify the exact direction, what was missed, the practical effect and any previous warning. Ask for a short compliance order where that would cure the problem. If stronger case management is necessary, use the current Order 1 form and explain the order you want.
Debarment is discretionary. A missed date does not create an automatic entitlement. The tribunal must act fairly and may warn, vary directions, strike out or debar depending on the rule and circumstances.
Draft the request
Use a neutral chronology. Quote only the exact words of the order that matter and identify the attachments. Explain why the requested order is needed to keep the case fair and on track. Offer an alternative direction in case the tribunal does not grant your main request.