Breach of sanctions Flashcards
Pre-action protocols
Range of sanctions, including staying proceedings until prescribed steps are taken, and costs and interest penalties
Serve claim form
No extension = claim defeated
Serve particulars of claim
None
Acknowledge service / serve defence
No automatic sanction, but claimant able to enter default judgment
Further information
none
Directions questionnaires County Court money claims
Statement of case struck out
Directions questionnaires High Court specified money claims against individuals
Court may:
(a) order directions;
(b) strike out the claim;
(c) strike out the defence; or
(d) list for a CMC.
Directions questionnaires other cases
noen
Disclosure reports
none
Costs budgets
Limit costs to court fees
Inadequate attendance at CMC
Normally a wasted costs order
Disclosure of documents relied upon
Cannot rely on the documents unless the court gives permission
Disclosure of documents helpful to other parties
None
Witness statements
Witness may not be called to give oral evidence unless the court gives permission.
Experts’ reports
Report may not be used or expert may not be called unless the court gives permission.
