Strike out and sanctions

Question 1

What gives the court power to make an ‘unless order’?

Answer 1

CPR 3.1(3) and CPR3.1(5) When the court makes an order, it may –
(a) make it subject to conditions, including a condition to pay a sum of money into court; and
(b) specify the consequence of failure to comply with the order or a condition.

Question 2

What will the court consider when making an ‘unless order’?

Answer 2

CPR 3.1(6) When exercising its power under paragraph (5) the court must have regard to –
(a) the amount in dispute; and
(b) the costs which the parties have incurred or which they may incur.

Question 3

When can a statement of case be struck out?

Answer 3

CPR 3.4 The court may strike out a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing or defending the claim;

(b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or

(c) that there has been a failure to comply with a rule, practice direction or court order.

Question 4

How can an unless order, which was made and not complied with, be defended against?

Answer 4

CPR 3.9 Relief from sanctions

the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.

Question 5

When can a claimant discontinue a claim?

Answer 5

At any time.
38.2
The court must grant permission if:
(i) the court has granted an interim injunction; or
(ii) any party has given an undertaking to the court;

If there is more than one claimant, they must all agree to discontinue or obtain a court order to discontinue.

Question 6

What are other ways of ending proceedings?

Answer 6

Consent order- CPR 40.6(3)

Court may enter and seal dismissal of proceedings if all parties consent.

Question 7

When may judgment without trial follow strike out?

Answer 7

(2) A party may obtain judgment with costs by filing a request for judgment if –

(a) the order referred to in paragraph (1)(a) relates to the whole of a statement of case; and
(b) where the party wishing to obtain judgment is the claimant, the claim is for –
(i) a specified amount of money;
(ii) an amount of money to be decided by the court;
(iii) delivery of goods where the claim form gives the defendant the alternative of paying their value; or

Question 8

When may a judgment without trial following strike out be set aside?

Answer 8

CPR 3.6

An application under paragraph (1) must be made not more than 14 days after the judgment has been served on the party making the application.

(3) If the right to enter judgment had not arisen at the time when judgment was entered, the court must set aside the judgment.

(4) If the application to set aside is made for any other reason, rule 3.9 (relief from sanctions) shall apply.

Question 9

Denton v TH White

Answer 9

3 stage test for cpr 3.9 relief from sanctions.

1. Was the default serious?
2. Reasons for default
3. Considering all circumstances.