CPR Part 3 Flashcards
Examples of general powers under CPR 3.1 ‘ The Court’s general powers of management’
- Extend or shorter the time the compliance with any rule, pD or court order (even if application is made after the time for compliance has expired)
- Adjourn
- Power to revoke/vary a court order
Under CPR 3.4 court has the power to …
Strike out statement of case
Can strike out statement of case when it appears
3
SofC discloses no reasonable grounds for bringing/defending the claim
SOf C abuse of court process
There has been a failure to comply with a rule/PD/order
Under CPR 3.4 (6) if the court strikes out SofC and it considers that the claim is totally without merit, what must the court do & consider?
Must record the fact that it is totally without merit in the court order
Must consider whether it is appropriate to make a civil restraint order
3.9 Relief from Sanctions:
(1) on an application for relief from any sanctions imposed for failure to comply with any rule/PD or order, Court will ______ ___ ___ _______ of the case, so to enable it to deal _____ with the application; including the need
(A) for litigation to be conducted _______ and at ___________ _____ and
(B) to ______ __________ with rules/PD/ orders
(2) Application for relief must be _____ by _______
Consider all the circumstances / justly
Efficiently. /. Proportionate cost
Enforce compliance
Supported by evidence
What is the Denton test?
1) Is the breach serious and significant? No (grant relief) / Yes (go to Q2)
2) Why did the breach happen? (Good reason = more likely to be granted)
3) Evaluate all the circumstances ( impact of breach/ was sanction proportionate to breach)
How does Denton Apply?
Applies to the interpretation of 3.9 not the other way around
What has been said to amount to serious and significant?
Should the court consider previous conduct the hen considering if the breach was serious and significant?
If the breach imperils the hearing date or otherwise disrupts the conduct of litigation
Focus should be on the breach in respect of which the relief is sought (more general consideration of parties conduct should be left till 3rd stage of Denton)
Give example fo the types of sanctions, from which relief can be sought
What does 3.9 not apply?
Default judgment / loss of right to call witness / loss of right to participate in hearing
3.9 DOES NOT apply where the sanction imposed is an order for the PAYMENT OF COSTS
WHAT can the court order on an application for relief from sanctions?
Refuse application - sanctions remain in place
Grant relief
Grant relief but impose a condition (pay sum on money into the court or take a specific step)
What can the court consider when deciding whether to strike out rolling a failure to comply?
Court can consider Denton factors and the proportionality of the sanction — court should also consider if there is a more proportion alternative to striking out
What is an unless order?
When party given a last chance to comply
If X is not complete by X date then their SOfC will be struck out
What power does the court have under CPR 3.10
Power to rectify matters where there has been a error of procedure
Failure to comply with rule or PD, error does not have to invalidate steps taken in proceeding unless the court orders so;
The court may make an order to remedy the error.
