Non-compliance with orders, sanctions and relief-FS Flashcards
(12 cards)
What is the general rule if a party cannot comply with a court order or procedural deadline?
The party must make a formal application to the court before the deadline expires; failure to comply may result in sanctions, including strike out of the claim or defence.
Under CPR 3.4, what powers does the court have when a party fails to comply with rules, directions, or orders?
The court can strike out a statement of case, impose cost sanctions, make unless orders, or take other appropriate steps to control the proceedings.
What is an “unless order” in civil litigation?
An order stating that unless a party takes a required step by a certain date (e.g., serving evidence), a specified automatic sanction (such as strike out) will apply without further order.
What is the consequence of failing to comply with CPR 3.14 (failure to file a cost budget)?
The party is deemed to have filed a budget limited to court fees only, unless the court orders otherwise, significantly limiting the recovery of legal costs.
What is meant by an “implied sanction” in the Civil Procedure Rules?
An automatic consequence not explicitly stated but inferred by case law, e.g., late witness evidence is inadmissible unless relief from sanctions is granted.
What are some examples of situations where implied sanctions may arise?
- Late service of witness evidence
- Late filing of appellant’s notice
- Out-of-time addition of grounds in a respondent’s notice
What rule governs applications for relief from sanctions under the CPR?
CPR 3.9, which allows the court to relieve a party from sanctions if justified in all the circumstances, considering justice, efficiency, and compliance with rules.
What must accompany an application for relief from sanctions?
The application must be supported by evidence explaining the default and justifying the delay or non-compliance.
What are the three stages of the Denton v White test for relief from sanctions?
- Assess seriousness or significance of the breach.
- Evaluate the reason or explanation for the breach.
- Consider all circumstances to determine whether justice requires relief.
What happens if the breach is found to be not serious or significant in Denton v White?
Relief from sanctions will usually be granted, and further analysis under stages 2 and 3 of the test may be unnecessary.
How does the Denton test apply to both automatic and implied sanctions?
The test is applied consistently to relief from unless orders, automatic rule-based consequences (e.g. cost budgets), and implied sanctions (e.g. late appeals or evidence).
What is the policy rationale behind the court’s strict approach to non-compliance and sanctions?
To ensure that litigation is conducted efficiently, at proportionate cost, and that parties comply with rules and court orders—as required by the Overriding Objective.
