Topic 9- Relief from Sanctions Flashcards
If a party is given a sanction for payment of costs, what can the party do?
They can only appeal the order
THEY CANNOT APPLY FOR RELIEF FROM SANCTIONS
Where a party has failed to comply with a rule, PD or order, what can the court do?
They may impose sanctions on the party, unless the party in default obtains relief from sanctions
Can a party extend the time limit for an order to do something?
Yes, but only with prior written agreement of the parties
Can be extended up to 28 days
What must the court consider when granting a relief from sanctions?
The court must consider all the circumstances of the case, including-
- The need for litigation to be conducted efficiently and proportionately
and - To enforce compliance with rules and orders
Must look at the overriding objective
What must an application for relief from sanctions be supported by?
Must be supported by evidence
Can a party apply for relief from sanctions if the order is for the payment of costs?
No, they can only appeal
What are the stages a court must go through when deciding whether to grant relief from sanctions?
First stage- identify and assess the seriousness of the failure to comply
Second stage- consider why the default occurred
Third stage- evaluate all the circumstances of the case
Denton Factors- First Stage
The court must identify and assess the seriousness and significance of the breach
Denton Factors- Second Stage
The court must look at why the default occurred
The parties must show a good reason for the failure to comply
Denton Factors- Third Stage
The court must look at all the circumstances of the case, and the overriding objective
Also, the need for compliance
Will the non-defaulting party be encouraged to oppose an application for relief from sanctions?
No, the court discourages opportunistic and unreasonable oppositions to relief applications
Where a witness wishes to amplify his witness statement by correcting and adding new statements, what must they do?
Apply the three stages of Denton
