Sanctions and Relief from Sanctions Flashcards
What can sanctions relate to?
- Interest
- Costs
- Striking out statement of case
How do courts usually impose sanctions by court order?
- Impose sanction immediately; or
- Make an unless order
What is an unless order?
Automatic sanction in event of non-compliance with the order
What are automatic sanctions?
CPR imposes automatic sanctions by default, such as failing to disclose expert report
Can the time specified by CPR be varied? If so, how?
Yes, it can be varied by the written agreement of the parties
When can time specified by CPR not be varied?
If a practice direction or court order
a) Requires party to do something within specified time, and
b) Specified the consequences for failure to comply
(unless they agree prior to the date, for a 28 day extension)
When do sanctions take effect once imposed?
Immediately, unless party applies for and obtains sanction relief
What does the court consider on application for relief?
- All circumstances, with the below in mind:
- For litigation to be conducted efficiently and at proportionate cost
- To enforce compliance with rules, practice directions and orders
What must an application for relief be supported by?
Evidence
What are the three stages for applications for relief?
1) If not serious and significant, grant relief
2) If it is serious or significant why?
3) Evaluate the circumstances - just and proportionate?
What does the court consider in determining if serious or significant?
- Looks at whether breach has imperilled future hearings
- Does not look at conduct
What are in-time applications?
When a party realises it is not going to be able to comply with that deadline
What is the difference between in-time applications and relief from sanctions?
Relief from sanctions applies after the deadline has passed. In-time applies before.
What type of application is a default judgement?
A relief from sanctions application
What principles must be argued for setting aside default judgement?
The Denton principles
