Dispute - Relief from Sanctions

Question 1

What is the case that provides the Relief from Sanctions Test?

Answer 1

Denton v. TH White Ltd

Question 2

How many stages does the Relief from Sanctions test contain?

Answer 2

3

Question 3

What are the stages of the Relief from Sanctions test?

Answer 3

1) Seriousness and significance of the breach:-
i) the effect on future hearing dates, the conduct of litigation, and
on litigation generally;
ii) whether, despite not having an adverse effect, the breach is
nonetheless serious;
iii) the above ONLY in respect of this breach.

2) Why the breach occurred - are there mitigating factors or circumstances?

3) Evaluate all the circumstances of the case, in particular CPR 3.9:-
i) the need for litigation to be conducted efficiently and at
proportionate cost; and,
ii) the need to enforce compliance with rules, practice directions,
and orders.

Question 4

What are the common sanctions against which relief is sought?

Answer 4

1) Striking out a statement of case.

2) Costs orders.

3) Interest orders.