SANCTIONS AND RELIEF FROM SANCTIONS
The main CPR are:
CPR 3.7 to 3.9
What are sanctions?
Sanctions are measures that are bad for a party, and that aim to ensure
compliance with court rules and court orders.
Sanctions can relate to:
Interest
Costs
Striking out a statement of case
Other measures adverse to a party
Courts power to impose sanctions
The court can impose sanctions by a court order.
The court may either:
Impose a sanction immediately
Make an unless order.
o An unless the order is an order which provides for an automatic
sanction in the event of non-compliance with the order.
o The unless order must specify the date and time within which the
act must be done – CPR 2.9
Sanctions imposed by the CPR
Various provisions of the CPR impose automatic sanctions for default.
Examples include:
1. Where failure to disclose an expert report prevents a party from using that
report on trial – CPR 35.13
2. Where failure to fail a costs budget will be treated as only filling a costs
budget of applicable fees – CPR 3.14
Sanctions and time limits
The general rule is that the time specified by a CPR or court order for a party to
do any act may be varied by the written agreement of the parties unless a rule
or practice direction provides otherwise or the court orders otherwise (the rules
prevent the parties from agreeing to vary the date for a case management
conference, and most other types of hearing, for example).
However, by way of exception to this rule, where a rule, practice direction or
court order –
Requires a party to do something within a specified time, and
Specifies the consequence for failure to comply,
The main CPR are:
CPR 3.7 to 3.9
What are sanctions?
Sanctions are measures that are bad for a party, and that aim to ensure
compliance with court rules and court orders.
Sanctions can relate to:
Interest
Costs
Striking out a statement of case
Other measures adverse to a party
Courts power to impose sanctions
The court can impose sanctions by a court order.
The court may either:
Impose a sanction immediately
Make an unless order.
o An unless the order is an order which provides for an automatic
sanction in the event of non-compliance with the order.
o The unless order must specify the date and time within which the
act must be done – CPR 2.9
Sanctions imposed by the CPR
Various provisions of the CPR impose automatic sanctions for default.
Examples include:
1. Where failure to disclose an expert report prevents a party from using that
report on trial – CPR 35.13
2. Where failure to fail a costs budget will be treated as only filling a costs
budget of applicable fees – CPR 3.14
Sanctions and time limits
The general rule is that the time specified by a CPR or court order for a party to
do any act may be varied by the written agreement of the parties unless a rule
or practice direction provides otherwise or the court orders otherwise (the rules
prevent the parties from agreeing to vary the date for a case management
conference, and most other types of hearing, for example).
However, by way of exception to this rule, where a rule, practice direction or
court order –
Requires a party to do something within a specified time, and
Specifies the consequence for failure to comply,
