Sanctions Flashcards
What is the general effect of a sanction?
A sanction for failure to comply with a rule, PD, or court order has effect unless party in default applies and obtains relief from sanction
What is the only way a party can obtain relief when a sanction involves costs?
Party in default may only obtain relief by appealing against the order for costs.
How strict are the rules on time limits for taking procedural steps in claims?
Where a party is required by rule, PD or order to do something in a specified amount of time and specifies consequences of failing to do so, parties may NOT extend by agreement usually.
When MAY parties extend a time limit to fulfil a procedural step by agreement?
ONLY if the extension does not risk any hearing date, parties may extend by up to 28 days with PRIOR WRITTEN agreement.
What do courts consider when deciding whether to grant relief from sanctions?
Courts will consider (1) all circumstances of the case (2) including efficiency and proportionate cost (3) to enforce compliance.
What must be included in an application for relief from sanctions?
Applications for relief must be supported by evidence (3.9(2)).
Generally, what test is applied by the court in deciding whether to grant relief from sanctions?
The Denton 3 stage test.
What is the first limb of the Denton test?
To identify and assess the seriousness and significant of the failure to comply
What is the second limb of the Denton test?
To consider why the default in compliance occurred
What is the third limb of the Denton test?
To evaluate all other circumstances of the case including parties’ histories and overriding objective compliance.
CPR 13.3.5?
Applications in 13.3 (to set aside default judgments) are applications for relief from sanctions. The tests are the same in all practice but answer different questions.
