ABSTRACT
Conditional orders under the CPR are the equivalent of orders for ‘conditional leave to defend’ under the RSC. They are a kind of ‘half way house’ between granting summary judgment and dismissing the application, and are appropriate in those cases where the court considers a defence or a claim to be ‘shadowy’13 or insubstantial, or where it has doubts about the bona fides of the party. The effect of a conditional order is that the party in whose favour the order is made will be required to pay a sum of money into court, or to take some specified step in relation to his claim or defence, and if he fails to comply, his claim will be dismissed or his statement of case struck out.
