sanctions

Question 1

what sort of sanctions can the court make? (2)

Answer 1

1. immediate
   2.’unless order’ automatic if party does not comply
2. sanction can be imposed automatically by default:
   - failiure to disclose expert report
   - failure to file a costs budget- court will only file costs for court fees

Question 2

Dentons approach: granting relief from sanction:

Answer 2

1. seriousness and significant - has it imperilled future hearing dates or conduct of litigation.
2. why default occurred
3. Evaluate all circumstances of the case, deal justly, particular weight to:
   - litigation conducted efficiently and proportionate to costs
   - court must enforce compliance with rules, PD and orders