In Fairacres Ltd v Abdul Mohamed – Lawtel 13.11.08 the Defendant had failed to comply with an unless order imposed following his failure to disclose a list of documents on three occasions.  

The failure to serve a proper list of the documents to be disclosed was technical in nature but the Defendant's conduct of the litigation suggested that he was using the system to delay paying what was due. He had failed to comply with three requests to supply the list of documents and there was no doubt that he had failed to comply with the unless order.  

In the circumstances, the Court of Appeal held that the judge had been entitled to debar him from defending the claim or presenting his counterclaim.