Sanctions and reliefs from sanctions Flashcards
What can sanctions relate to?
Interests - reducing it
costs
striking out a statement of case
other measures
How are sanctions imposed?
By a court order
What options does the court have when imposing a sanction?
Impose it immediately or
make an unless order
- provides for an automatic sanction in the event of non compliance
- order must specify the date and time within which the act must be done
What sanctions are imposed by the CPR?
Failure to disclose an expert report prevents a party from using that report at trial
Where failure to file a costs budget will be treated as only filing a costs budget of applicable fees
What is the general rule on sanctions and time limits?
Time specified by the CPR or the order to do an act may be varied by a written agreement of the parties, unless a rule or PD provides otherwise or the order provides otherwsie
What is the exception to the general rule on sanctions timings?
Where a rule, PD or court order
- requires a party to do something within a specified time and
- specifies the consequences for failure to comply
- the time for doing the act may not be extended by agreement between the parties except that the parties can agree an extension of time prior written agreement so before the deadline is reached for a max of 28 days provided that this does not put the hearing date at risk
How can a relief from sanction be obtained?
The party must apply to the court
Application must be supported by evidence
Reliefs only apply when a deadline has passed an an application is made after the deadline
What must the court consider when looking at an application for releif from a sanction?
All the circumstances of the case
for litigation to be conducted efficiently and at proportionate cost
To enforce compliance with rules, PDs and court orders
What is the dentons test for relief from sanctions?
- Identify and assess the seriousness and significance of the failure to comply with the relevant rule, practice direction or court order
If the breach is neither serious or significant then the relief should be granted
Breach is serious or significant if it has imperilled future hearing dates or otherwise disrupted the conduct of litigation
- If the breach is serious or significant, consider why the default occurred
- Having considered reasons for default, court should evaluate circumstances of the case to ensure that the court deals with the matter justly and considering the relief considerations.
