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.
Short notice of interim application
None
Non-payment of hearing fees
Automatically struck out
Failing to lodge trial bundles
none
Not ready for trial
Includes:
(a) depriving of right to raise or contest issue or to rely on evidence
(b) disallowing costs
(c) refusing adjournment
Non-attendance of one party at trial
Proceed in absence of the party, or strike out
Non-attendance of all parties at trial
May strike out proceedings
Appeal out of time
None
Implied sanctions doctrine applies
Schedule of costs for summary assessment
Taken into account in deciding what order to make about costs
