Relief from sanctions

Question 1

What is relief from sanctions?

Answer 1

Reprieve from a sanction imposed on a party e.g. to strike out a SOC, or prevent witnesses from giving evidence. These can be restored via an application for relief

Question 2

What part of the CPR sets out relief from sanctions?

Answer 2

Part 3.8 and 3.9

Question 3

Part 3.8(1):

““Where a party has failed to comply with a rule, practice direction or court order, any sanction for failure to comply imposed by the rule, practice direction or court order has effect unless…

Answer 3

the party in default applies for and obtains relief from the sanction.

Question 4

3.9
(1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the __________ of the case, so as to enable it to deal ____ with the application,
including the need –
(a) for litigation to be conducted _______ and at __________ cost; and
(b) to enforce ________ with rules, practice directions and orders.
(2) An application for relief must be supported by ________.

Answer 4

circumstances, justly, efficiently, proportionate, evidence

(note that this is now stage 3 of Denton v White test)

Question 5

Which party can apply for relief from sanctions?

Answer 5

Claimant or defendant

Question 6

Is the power of the court to order relief from sanctions discretionary or mandatory?

Answer 6

Discretionary

Question 7

What is the name of the common law test that deals with relief from sanctions?

Answer 7

Denton v White test

Question 8

What is the three-stage test under Denton for relief from sanctions?

Answer 8

1. Consider the seriousness or signficance of the non-compliance; if found to be serious/significant, then:
2. The reason for the non-compliance; and
3. Consider all the circumstances of the case to deal with the application justly

Irrespective of (1) and (2), (3) should always be considered

Question 9

Is it okay to concede that a breach/non-compliance was serious under the Denton test?

Answer 9

Yes - provided you can meet parts 2 and 3

Question 10

What good reasons may arise under part 2 of the Denton test?

Answer 10

• Bereavement/serious injury of the file handler
• Unreasonable deadlines
• Things beyond the control of the defaulting party

Question 11

What circumstances may the court consider under part 3 of Denton?

Answer 11

• Promptness of dealing with non-compliance
• Promptness of application for relief
• Cost implications
• Prejudicial effect that the sanction would have on applicant’s case (i.e. is the sanction proportionate)
• Any previous breaches/non-compliance made by applicant
• Merits of claim / defence

Question 12

What must you always do in closing of an application for relief

Answer 12

Apologise to the court for the non-compliance