The Tribunal should deploy Unless Orders before moving to Stike Out for non-compliance with tribunal orders

In Forrest v Amazon Web Services, the EAT overturned a strike out order after finding that the tribunal below should have deployed unless orders before moving to the draconian measure of strike out for non-compliance with case management orders.

Moreover, the tribunal below, when striking out the claims, had not considered whether it was still possible to have a fair trial despite the non-compliance. This remains the paradigm test when it comes to considering strike out.

The EAT commented that it was hard to think of a case in which it would be right to go directly from non-compliance with a case management order to striking out for non-compliance without first testing the effect of an unless order.

Transcript: https://www.bailii.org/uk/cases/UKEAT/2025/81.html