DR - costs - sanctions

Question 1

When can sanctions imposed by the court take effect?

Answer 1

• Immediately
• Make an ‘unless order’. This provides for an automatic sanction if the order is not complied with by a specific time set out in the order.

Question 2

What are the limits on the parties’ ability to vary a ‘unless order’ following a sanction made by the court?

Answer 2

When the ‘unless order ‘court order:
a) Requires a party to do something within a specified time, and
b) Specifies the consequences for failure to comply.

• The parties can only extend by up to 28 days if:
• both parties agree to the extension by prior written agreement (i.e. before the deadline), AND
• This does not put at risk any hearing date.

(unless the court orders otherwise)

Question 3

What are the CPR considerations of the court if relief from sanctions are sought?

Answer 3

Under the CPR the court will consider the need

• For litigation to be concluded efficiently and at proportionate cost,
• To enforce compliance with rules, practice directions and orders.

An application for relief must be supported by evidence.

Question 4

How should the court approach its considerations on whether relief from sanctions should be granted?

Denton Test

Answer 4

When interpreting the CPR the Court will:

3) Having considered the reason for the default, the court should evaluate all the circumstances of the case.

2) Consider why the default occurred.

1) If the breach is neither serious nor significant, relief should be granted (focusing on delay to the case and the conduct of the litigation)