In Civil Litigation Disputes and Money Claims, you will often be faced with a strict timetable to comply with for the effective case management of your case and it important that you comply with any deadlines set by the Court. If you fail to comply with any deadlines set by the Court, you could be faced with severe sanctions results in your statement of case being struck out. If you are in breach of Court Directions, you will need to make a formal application for relief from sanctions. Our Litigation Solicitors and Barristers can help you successfully apply for relief from sanctions in your Civil Litigation Disputes and Money Claims.
What is a Relief from Sanctions Application?
For a Civil Litigation Dispute and Money Claim, CPR 3.9 provides that:
“On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, 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.”
In considering an application for relief from any sanctions under CPR 3.9, the Court applies the test in Denton v White  EWCA Civ 906, in which the Court will consider the following three questions in deciding whether or not to grant you relief from sanctions:
- Was the breach serious or significant or was it a trivial breach?
- What was the reason for the breach and was it a good reason?
- Having considered all the circumstances of the case, including the promptness of the application, should the Court grant you relief from sanctions?
If you are unsure about how you can meet the above three stage Denton test, you may want to speak to our expert Litigation Lawyers for legal advice and representation.
What are the Common Breaches of Court Directions that carry Sanctions?
The common breaches of Court Directions that carry sanctions are:
- Failure to file and serve Cost Budgets in time: In Multi-Track cases, you are required to filed and serve your costs budget with your Directions Questionnaires if your claim is less than £50,000 or not later than 21 days before the first Costs and Case Management Conference (CCMC) under CPR 3.13. Failure to comply with this rule could result in a sanction that your costs budget is limited to only recovery of application court fees under CPR 3.14.
- Failure to file and serve an Acknowledgment of Service or Defence in time: You are required to file and serve an Acknowledgment of Service or Defence within 14 days of being served with the claim and if had filed and served an Acknowledgment of Service within 14 days, you would be allowed a further 14 days to file and serve your Defence. Failure to comply with this rule could result in a Default Judgment CCJ being entered against you and you will need to apply to set aside a Default Judgment CCJ as a relief from this sanction.
- Failure to comply with Disclosure Directions or Unless Order to Disclose Documents: You are required, unless ordered specifically otherwise, to provide Standard Disclosure by List and inspection of documents usually within 7 days of inspection being requested. Failure to comply with Disclosure Directions or Unless Order could result in your statement of case being struck out and judgment being entered for the other side.
- Failure to file and serve your witness statement in time: You are required to file and serve all witness statements for you and your supporting witnesses within the date specified in the Court Directions. Failure to comply with this rule can result in you and your supporting witnesses being unable to give evidence at trial unless the Court gives permission under CPR 32.10.
- Failure to pay Court Fees in time: You are required to pay Court Fees, which are usually the issue fee and hearing fees in Civil Litigation Disputes and Money Claims. If you fail to pay the Court Fees, your case may be struck out.
- Failure to comply with the relevant Pre-Action Protocol: You are required to comply with the relevant Pre-Action Protocol for your Civil Litigation Dispute and Money Claim. Failure to comply with the relevant Pre-Action Protocol could result in serious cost sanctions regardless of whether you win or lose the case.
If you need help understanding whether you are in breach of a Court Direction and how you can obtain relief from sanctions, you may want to speak to our expert Litigation Solicitors and Barristers for legal advice and representation.
Why is a strong Application for Relief from Sanctions so important in a Civil Litigation Dispute and Money Claim?
A strong application for Relief from Sanctions is very important in a Civil Litigation Dispute and Money Claim for the following reasons:
- Your statement of case can be struck out: If your statement of case is struck out by the Court, the other side will be entitled to obtain judgment against you, which would mean that you lose your case.
- You could create a bad impression for yourself with the Trial Judge resulting in adverse inference drawn against you: Judges do not like it when the court rules and directions are not complied with as it results in the case being delayed and mess with the effective management of the case. If you consistently fail to comply court rules and directions, the Trial Judge may draw adverse inferences against you in the case and find against you on the case, which would mean you lose your case.
- You could face serious costs sanctions: If you fail to comply with court rules and direction, you could face serious costs sanctions as the defaulting party.
If you need help with preparing a strong Relief from Sanctions Application for your Civil Litigation Dispute and Money Claim, you may want to speak to our expert Litigation Solicitors and Barristers for legal advice and representation.
Successfully apply for Relief from Sanctions with OneLaw Chambers
At OneLaw Chambers, our Litigation Solicitors and Barristers regularly assist with preparing Relief from Sanctions Applications and submitted well-prepared and strong applications for Relief from Sanctions for Civil Disputes and Money Claims. We have assisted many clients to prepare and submit successful Relief from Sanctions Applications. We are well equipped to advise, prepare and submit your Relief from Sanctions Application.
Whether you require expert advice on the requirements of the Civil Procedure Rules, an independent litigation assessment of your prospects of your civil litigation dispute and money claim, our Litigation Solicitors and Barristers can help you. We are committed to ensuring that our Litigation Solicitors and Barristers prepare every Relief from Sanctions Application with utmost quality and skill so that a successful outcome is achieved every time.
Our Litigation Solicitors and Barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire application process and provide successful court representation.
Submit our Contact Form or contact us by phone or email to find out how we can help you with your Relief from Sanctions Application.