Overview
1.2.This judgment deals with the Claimants’ application for an ‘unless’ order in view of the Defendants’ failure to pay by the due date (2 March 2023) an interim payment ordered in respect of the costs for certain interim applications. The applications in question were dealt with at the initial CMC in February 2022.3.The order sought is that, unless the Defendants make the interim payment by 4pm seven days from the date of the order, the Defence of all Defendants shall be struck out.4.The Claimants initially asked the Court to make the order sought without a hearing. The Defendants requested a hearing and the Claimants subsequently reiterated their request to have their application dealt with without a hearing.5.I have decided not to make the order sought by the Claimants. My reasons are set out below. I therefore consider this to be a case in which, exceptionally, the Court can dispose of a contested application without the consent of all the parties as this is the appropriate and proportionate course.6.As the Defendants have not agreed that the Court should proceed without a hearing, CPR 3.3(5) applies. A party affected by the order may apply to have it set aside, varied or stayed. The order to be drawn up must contain a statement setting out this right.