Relief from sanctions—when is an application for relief required?

Published by a ³ÉÈËÓ°Òô Dispute Resolution expert
Practice notes

Relief from sanctions—when is an application for relief required?

Published by a ³ÉÈËÓ°Òô Dispute Resolution expert

Practice notes
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This Practice Note should be read in conjunction with Practice Notes:

  1. •

    case management—c´Ç³¾±è±ô¾±²¹²Ô³¦±ð

  2. •

    Relief from sanctions—the courts’ approach

  3. •

    Relief from sanctions—making or opposing an application

  4. •

    Relief from sanctions—illustrative decisions

This Practice Note provides practical guidance on when you should consider applying for relief from sanction under CPR 3.9 and when some additional or alternative course of action may be more appropriate. It considers the recommended approach to be followed as a result of the 2023 and 2024 Court of Appeal cases, which are noted in this Practice Note, along with the narrow circumstances in which a sanction can be implied. It also considers cases that were decided before and after these Court of Appeal decisions. In respect of cases which were decided prior to these Court of Appeal decisions, caution should be taken in respect of some of the conclusions reached. In addition, this Practice Note provides comments, where applicable, on the likely approach that would be taken as a result of the 2023 and 2024

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Jurisdiction(s):
United Kingdom
Key definition:
Sanction definition
What does Sanction mean?

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

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