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Conditional orders

If it appears to the court that it is possible, but improbable, for the claim or defence to succeed, the court is likely to make a conditional order (PD 24, para 4). Such an order will be appropriate when the court is doubtful about the merits of a claim or defence, but is unable to decide conclusively that it has no real prospect of success without proper testing of the evidence at trial. The conditions the court can impose in such circumstances are an order for the party to: • pay a sum of money into court; or • take a specified step in relation to his statement of case; and in both cases • provide for the claim to be dismissed or statement of case struck out if he

does not comply (PD 24, para 5.2).