The unless order, which would have seen the claims struck out if not complied with, had been made in the midst of discrimination claims where the claimant, who had been represented earlier in the proceedings, was looking for new solicitors. The principal issue was the nature of the claims. The claimant sought a reconsideration of the order which was refused.

This appeal was allowed to proceed under rule3(7) after permission had originally been refused. HHJ Tayler allowed the appeal largely because the employment judge could have made a less draconian order that did not strike out the entire claim and could have encouraged greater co-operation between the parties.