Relief from Sanctions (CPR 3.9) Flashcards
1
Q
What is the three-stage test from Denton v White for Relief from Sanctions?
A
Serious and significant breach?
Why did breach occur?
Should relief be granted considering all circumstances? The need for litigation to be conducted efficiently and at proportionate cost and the need to enforce compliance with rules, practice directions, and orders
2
Q
What is the procedure for applying for Relief from Sanctions?
A
Application (N244) + Supporting Evidence.
Filed promptly.
Court considers fairness, compliance, and case progression.