Sanctions and relief

Question 1

What can sanctions relate to?

Answer 1

Interest, Costs, Striking out

Question 2

What types of orders may a court issue in relation to sanctions?

Answer 2

• Immediate order
• Unless order
• Disallowing Evidence
• Striking Out

Question 3

What is an ‘Unless order’?

Answer 3

Automatic sanction in case of non-compliance

This type of order sets a condition that, if not met, results in automatic penalties.

Question 4

What happens in ‘Disallowing Evidence’?

Answer 4

Defaulting party is prevented from citing and relying on evidence that they failed to file or serve by a deadline

Question 5

What is the consequence of ‘Striking Out’?

Answer 5

Defaulting party’s claim is struck out

Question 6

Even if there is no order made by the court, why might sanctions still apply?

Answer 6

CPR outlines automatic consequences for failing to adhere to procedural rules.

Question 7

What is the general rule regarding time limits for sacntions?

Answer 7

Time specified by CPR/court order for a party to do something may be varied by written agreement of the parties unless stated otherwise

There are exceptions to this rule based on specific regulations.

Question 8

When can time limits not be varied by written agreement of the parties?

Answer 8

• Specified consequences in rules, PDs, or court orders
• Maximum extension of 28 days by written agreement

Certain rules impose strict deadlines that cannot be altered.

Question 9

What should the court consider for relief from sanctions?

Answer 9

• Need for efficient litigation
• Enforce compliance with rules
• Evidence supporting application

These factors guide the court’s decision on granting relief.

Question 10

What is the procedure regarding relief from sanctions?

Answer 10

1. Identify seriousness of failure –> if the breach is neither significant nor serious, relief should be granted (imperilled future hearing dates, or disrupted litigation = serious and significant)
2. If breach is serious, consider reasons for default
3. Evaluate all circumstances (espeically the need to carry out litigation justly and at proportionate cost, and complaince with rules, PD and COs)

Denton

Question 11

What does ‘In time applications’ refer to?

Answer 11

When a deadline is looming and a party realizes it won’t be able to comply

This is distinct from applications for relief from sanctions.

Question 12

How is setting aside default judgment treated?

Answer 12

As an application for relief from sanctions when relying on discretionary ground

The same principles from Denton apply in these situations.