Sanctions And Relief From Sanctions

Question 1

What can sanctions relate to

Answer 1

Interest
Costs
Striking out a statement of case

Question 2

What is an unless order

Answer 2

An unless order is an order which provides for an automatic sanction in the event of non-compliance with the order.

The unless order must specify the date and time within which the act must be done CPR2.9

Question 3

Examples of Sanctions

Answer 3

Failure to disclose an expert report prevents a party from using that report at trial CPR35.13

Failure to file a costs budget will be treated as only filing a costs budget of applicable fees CPR 3.14

Question 4

Test for relief from sanctions CPR 3.9

Answer 4

Denton Principles

1. Identify and assess the seriousness and significance of the failure to comply with the rule or PD
2. If the breach is S and S, consider why the default occurred
3. The court should then evaluate all the circumstances of the case to ensure that the court deals with the matter justly.