T9: Sanctions

Question 1

IF a party is later will failing to comply with court direction to disclose can the party still rely on the document?

Answer 1

CPR 31.21
No, a party cannot rely on any document if they fail to disclose it or fail to allow inspection of it without the court’s permission.

The sanction is automatic and the party will not be able to rely on any documents in the proceedings unless that party obtain relief from sanction (CPR 3.8)

Question 2

If a party is late to comply, and then subsequently the other party agree to extension for the service of list of document. Is this allowed?

Answer 2

Though parties can do so, under CPR 3.8(4) agree to extend time for compliance with a rule,pd or court order by 28 days, this only apply where there is a “prior written agreement”

As such retrospective agm would not suffice, even if other party persuaded to agree.

The best course of action is to apply for relief from sanctions promptly, the defaulting party delay in making an application for relief is a factor what will be considered and against which weight will be attached. ( Denton Test -Circumstances of the case)

Question 3

Denton Test What is the 3 stage test (Test to grant sanctions) (SWOC)

Answer 3

1. Is breach giving rise to saction serious?
2. Why breach occurred, good or bad reason for it?
3. Court will look at circumstance of the case

Question 4

The case of Diriye goes on to say that is not opportunistic to oppose an application for relief where the application cant satisfy on or all stages of Denton

Question 5

What is an unless order

Answer 5

An unless order is a court order that requires a party to comply with a court order by a specified date, or else their claim or defense will be automatically struck out.

Question 6

If a party fails to comply with an unless order ( order by court forcing them to comply with court order”, this is not simple case of non-compliace. So in this instance will court grant relief?

Answer 6

Liklely since stage one and stage two not comply, so court look at stage 3 (circumstances of the case)
Likely its serious breach, not grant relief

Question 7

Take note that if its a cost order resulting in a party failing to follow protocol, and that the sanction is payment of costs. The party cant make application for relief from sanction in this case, so the party only recourse is to appeal against it

Answer 7

See very carefully what type of sanction is it, where the sacntion is payment of cost, then can only appeal against it.

Question 8

When apply for relief from sanction, the court will look at the circumstance of the case to deal with the application justly, which includes the need for litigation to be conducted ( efficiently, proportionate cost)

Answer 8

Efficiently and at proportionate cost and the need to enforce compliance with the rules, practice directions and court order

Question 9

rmbr where a party wants an extension of time to court direction

Answer 9

They can do so before the date to comply is ended, so long as they obtain written consent to the extension of time. The party DONT NEED TO FILE A COPY OF THE WRITTEN CONSENT TO THE COURT.

rmbr that no application needs to be made, and parties can agree to extend up to 28 days provided that extension would not put risk to hearing date,

IT MUST BE WRITTEN AGM