Non-compliance with orders & sanctions

Question 1

What are the 4 main remedies the court has for a party that does NOT comply with an order?

Answer 1

(1) ‘Strike Out’ claim
(2) Costs
(3) Interest
(4) Unless Order (MOST COMMON)

Question 1

What are the 2 main grounds the court will ‘Strike Out’ a case?
(1)
(2)
(a), (b), (c)

Answer 1

(1) Statement of case has NO REASONABLE GROUNDS bringing / defending claim
(2) FAILURE COMPLY RULE with a
(a) Rule
(b) Practice Direction
(c) Order

Question 2

What is the effect of a ‘Strike Out’ of a case?

Answer 2

Claim / Defence brought to IMMEDIATE HALT

Question 3

What ‘Costs’ sanction can be imposed on the Defaulting Party?

Answer 3

Costs on INDEMNITY BASIS

Question 4

What ‘Interest’ sanction can be imposed on the Defaulting Party?

Answer 4

Increasing / decreasing interest paid on any DAMAGES

Question 5

What is an ‘Unless Order’

Answer 5

Requires certain action to be taken before deadline or face consequence (e.g. ‘Strike Out’

Question 6

To obtain relief from a sanction, the court applies a 3 stage test. What case is this derived from?

Answer 6

Denton (v White)

Question 7

(1) What are the 3 questions from Denton, the court will consider when assessing if RELIEF from sanctions should be granted?
(2) If stage 1 of the test is met, does one need to go to stage 2 and 3?

Answer 7

(1) Was the breach SERIOUS OR SIGNIFICANT?
(2) Was there a GOOD REASON for breach?
(3) ALL CIRCUMSTANCES of case?