Sanctions and Relief from Sanctions Flashcards
What is a sanction in civil litigation?
A. A measure imposed to ensure compliance with court rules or orders
B. A judgment automatically entered after trial
C. A formal warning issued by the court
D. A party’s right to delay proceedings
B. A measure imposed to ensure compliance with court rules or orders
Explanation: Sanctions are imposed to promote compliance and deter breaches of procedure or orders.
Which of the following is true about an “unless order”?
A. It provides for an automatic sanction if not complied with by a set date
B. It is issued only after trial
C. It is used to determine which track a case will follow
D. It is a request by the claimant to the defendant
A. It provides for an automatic sanction if not complied with by a set date
Explanation: An unless order sets a deadline and states a consequence if the order is not obeyed.
What happens if a party breaches a rule or order and does not obtain relief?
A. The court automatically awards them costs
B. They must attend a sanctions hearing
C. The case is adjourned
D. The sanction takes effect automatically
D. The sanction takes effect automatically
Explanation: If no relief is granted, the sanction (e.g. strike-out) becomes effective without further court action.
Under CPR 3.9, which of the following is not explicitly required when considering an application for relief from sanctions?
A. The need to enforce compliance
B. The need for litigation to be proportionate
C. The identity of the parties’ legal representatives
D. All the circumstances of the case
C. The identity of the parties’ legal representatives
Explanation: The identity of lawyers is not relevant. Proportionality, compliance and overall circumstances are.
A defendant is late filing a document by one day. The breach does not affect any hearing date. What is the most likely outcome under the Denton test?
A. Relief will be refused as the rules were breached
B. Relief is likely to be granted as the breach is neither serious nor significant
C. The claimant automatically wins the case
D. The trial must be rescheduled
B. Relief is likely to be granted as the breach is neither serious nor significant
Explanation: A minor breach that causes no prejudice is unlikely to warrant a refusal of relief.
A party files a costs budget late by 45 minutes. Which Denton stage should the court consider first?
A. All the circumstances of the case
B. Whether the breach is serious or significant
C. The parties’ history of compliance
D. Whether the hearing can be moved
B. Whether the breach is serious or significant
Explanation: The court first determines how serious or significant the breach is before moving to the next stages.
The claimant fails to serve expert evidence by the deadline. The delay results in the vacation of a scheduled trial date. What is the likely result if the claimant applies for relief?
A. Relief is automatically granted because the breach was unintentional
B. The claimant will be penalised by indemnity costs but relief will be granted
C. Relief is unlikely because the breach was serious and significant
D. The court will issue a fresh trial date and disregard the breach
C. Relief is unlikely because the breach was serious and significant
Explanation: Causing a trial to be vacated is a serious breach, and without a good reason, relief may be refused.
A party anticipates they cannot comply with an order and applies in advance to extend time. What kind of application is this?
A. Application for relief from sanctions
B. Application to strike out
C. Application for default judgment
D. In-time application
D. In-time application
Explanation: This is not a relief from sanctions application because it is made before the deadline expires.
Which of the following is a correct statement about the Denton test?
A. Stage 3 always outweighs stage 1
B. Stage 2 is optional depending on the judge
C. Stage 1 requires assessing the seriousness or significance of the breach
D. Stage 2 and 3 should be merged
C. Stage 1 requires assessing the seriousness or significance of the breach
Explanation: The court first considers whether the breach is serious or significant before moving to reasons and context.
