Sanction Definition

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GLOSSARY

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What does Sanction mean?

An adverse consequence to a party of failing to comply with a rule, practice direction or court order.

Relief from sanction must be sought under CPR Rule 3.9, unless the sanction is a costs order; in that case, relief is only available through appealing against the costs order (CPR 3.8(2)).

In an employment context, sanction can also mean a punishment imposed on an employee as a result of unsatisfactory performance or misconduct. Such sanctions may include dismissal or actions short of dismissal, such as loss of pay or demotion.

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Ending a claim—checklist

Ending a claim—checklist How can litigation be brought to an end? There are a number of ways in which litigation can be ended. These include: Action Further guidance Admissions under CPR 14 which could effectively bring the dispute to an end Practice Note: Admissions Jurisdiction—the court may not have the jurisdiction to determine the matter, finding for example, that it should be determined by another country, by arbitration, etc Practice Note: Challenging court jurisdiction—overview, and then more detailed guidance on various aspects of this topic, including Practice Notes:Challenging court jurisdiction—general principlesChallenging court jurisdiction—has a party submitted to a jurisdiction?Challenging court jurisdiction—application under CPR 11 (timing and extensions of time)Challenging court jurisdiction—application under CPR 11 (general considerations)Also relevant Precedents, including: Draft order for an application to challenge English court jurisdiction, Witness statement in support of an application to challenge English court jurisdiction and Witness statement opposing an application to challenge English court jurisdiction The defendant failing to engage in the proceedings, which results in the court entering a judgment in...

Advertising copy approval—checklist

Advertising copy approval—checklist This Checklist sets out the key issues for consideration when approving advertising copy. It aims to help advertisers and their legal advisers ensure that their print advertising complies with the legal and self-regulatory rules including, eg the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code), Committee of Advertising Practice (CAP) help notes and the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). For more information on advertising regulation generally, see Practice Note: Advertising law and regulation. The third column can be used to record observations or comments as the Checklist is worked through. Checklist Further information Notes (if any) Introductory considerations ☐ Have you checked the CAP Code and CAP’s Formal Guidance, as well as relevant guidance from trading standards bodies and the Competition and Markets Authority (CMA)? Non-broadcast ads are subject to legislation as well as the CAP Code. For more information, see Practice Note: Advertising law and regulation. ☐ Have you considered...

Discover our 6 Checklists on Sanction

Disclosure—practical tips on conducting a reasonable search (standard disclosure) [Archived]

Disclosure—practical tips on conducting a reasonable search (standard disclosure) [Archived] ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note sets out practical tips for conducting a reasonable search for standard disclosure under CPR 31.7 such as timing, the Electronic Documents Questionnaire (EDQ), strategy, proportionality, co-operation and collaboration. Cost shifting is also considered ie shifting the costs to the other party through the court ordering the costs associated with disclosure (or part of it, such as restoration), be apportioned between the parties. This Practice Note ought to be read in conjunction with Practice Notes: • Disclosure—introduction—Conducting the disclosure exercise—practical tips • Disclosure—standard disclosure and the reasonable search • Disclosure—processing documents This Practice Note does not cover the provisions of the disclosure scheme in the Business and Property Courts. For guidance, see: Disclosure scheme—overview. General Disclosure can be a daunting task. The following provide tips to try and make the process more manageable: • start early: you should try and start the disclosure process...

Relief from sanctions—making or opposing an application

Relief from sanctions—making or opposing an application This Practice Note gives practical guidance on how to make or oppose (or defend) an application for relief from sanctions (RFS) under CPR 3.9. In particular, it covers the evidence in support of an application for relief, the evidence in response to a relief from sanctions application, costs issues in relief applications and how to appeal a decision granting or refusing relief. Throughout it offers general practical tips on applying for relief from sanctions. This Practice Note should be read in conjunction with Practice Notes: • How to make an application for a court order (CPR 23) • Relief from sanctions—when is an application for relief required? • Case management—compliance • Relief from sanctions—the courts’ approach • Relief from sanctions—illustrative decisions (from 1 January 2024); and • Interim applications—costs recovery See also Precedents: • Letter requesting consent to application for relief from sanctions • Letter responding to request for consent to relief from sanctions • Draft order for relief from sanctions...

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Class rights provisions—articles

Class rights provisions—articles Add new definitions to ‘definitions’ article: A director • means any director appointed by holders of the A ordinary shares; B director • means any director appointed by holders of the B ordinary shares; A ordinary shares • means the A ordinary shares of [insert amount] each in the capital of the Company; B ordinary shares • means the B ordinary shares of [insert amount] each in the capital of the Company; eligible director • means a director who would be entitled to vote on the matter if proposed as a resolution at a meeting of directors; Add the following new clauses as required and renumber document accordingly: 1 Number of directors 1.1 The number of directors (excluding alternate directors) shall not be less than [two] in number[ nor more than [insert maximum number]] [ and shall be made up of [insert number] A directors and [insert number] B directors]. 2 Proceedings of directors 2.1 Subject to the provisions of these articles, the directors...

Order to convene creditor’s meetings for a scheme of arrangement

Order to convene creditor’s meetings for a scheme of arrangement Court Reference No:[ INSERT COURT REF. NUMBER] [ IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES] [IN [INSERT LOCATION]] [ INSOLVENCY AND COMPANIES LIST (ChD)] OR [IN THE COUNTY COURT AT [INSERT LOCATION]] [BUSINESS AND PROPERTY COURTS LIST] OR [ IN THE HIGH COURT OF JUSTICE [CHANCERY DIVISION ] Insolvency and Companies Court Judge [insert name] [Insert date] In the matter of [Insert name of company] And In the matter of the companies act 2006 Order Upon the application by Claim Form dated [insert date] of [insert company name] (the Company) And upon hearing Counsel for the Company And upon reading the Claim Form and the evidence It is ordered that: 1 The Company do convene [a meeting OR [insert number] meetings] of Scheme Creditors (as defined in the scheme of arrangement proposed to be made between the Company and its Scheme Creditors pursuant to Part 26...

Dive into our 51 Precedents related to Sanction

A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions?

A litigant in person has filed a list of documents for disclosure but has not filed a disclosure statement. Does CPR 31.21 apply and is there an automatic sanction for failure to provide a disclosure statement? Can the litigant rely on the documents without permission from the court or have relief from the sanctions? Disclosure statement CPR 31.10 sets out the procedure for giving standard disclosure. This requires a party to make a list of documents in the relevant practice form (N265) which includes a disclosure statement (see the annex to CPR PD 31A). CPR 31.10(5) requires a list of documents to include a disclosure statement which should indicate the individual statements listed in CPR 31.10(6): • setting out the extent of the search undertaken to locate documents to be disclosed • certifying that the party giving disclosure understands the duty to disclose documents • certifying to the best of his knowledge he has carried out that duty Unless the parties have agreed in writing that...

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide relief if it is unable to arrange for an application to be heard?

Coronavirus (Covid-19)—What happens in situations where an application needs to be heard before a certain date? Would the court be willing to provide relief if it is unable to arrange for an application to be heard? The response of the courts to the coronavirus (COVID-19) pandemic has been patchy and confused. The position changes from day-to-day as to whether hearings should go ahead, whether they should be in person, and whether non-urgent cases should simply be adjourned or conducted remotely. At the time of writing the guidance suggests that where cases can be heard remotely, they will be—see: Coronavirus (COVID-19)-Civil and Family Courts guidance from Lord Chief Justice—LNB News 19/03/2020 93, and Coronavirus (COVID-19)—Guidance on telephone and video hearings updated—LNB News 19/03/2020 18, but the ability of the various court buildings to provide for this is highly questionable. In ongoing litigation there will be circumstances where a hearing is required within a particular time—for example an application to adduce expert evidence will be required to be heard before the trial....

See the 17 Q&As about Sanction

Foreign countries have strong foundation to fill FCPA void

Law360, London: Shifting US enforcement priorities may soon create a crisis in international anti-corruption efforts.

Use of assenting class to facilitate cross class cramdown not abusive (Re Sino-Ocean Group Holding Ltd)

Restructuring & Insolvency analysis: Through this judgment, the court sanctioned a proposed restructuring plan (the ‘Plan’) under Part 26A of the Companies Act 2006 (CA 2006) relating to Sino-Ocean Group Holding Ltd (the ‘Plan Company’) despite (a) the Plan not being approved by over 75% in value of those voting at the meetings of two out of the four classes of creditors and (b) one of the dissenting creditors, Long Corridor Asset Management Ltd (‘Long Corridor’) appearing at the sanction hearing to oppose the Plan. The court sanctioned the Plan on the basis that: None of the members of the dissenting classes of creditors would be any worse off than they would in the event of the relevant alternative, which would be the Plan Company’s liquidation (thereby satisfying Condition A under CA 2006, s 901G (‘Condition A’)); the Plan was agreed by >75% in value of each of Classes A and C (ie two out of the four classes of creditors) (thereby satisfying Condition B under CA 2006, s 901G...

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