EAT sets key precedents on striking out for non-compliance

Olivia-Faith Dobbie acted for the successful Claimant in this important appeal about access to justice. The EAT set two precedents that augment the law in respect of striking out claims for non-compliance with orders: (1) it is an error of law not to consider whether a fair trial remains possible; and (2) it is hard to think of a case in which it would be right to go directly to striking out for non-compliance, without first trying the effect of an unless order.