DR – WS3 Statement of case TIFF LIAO
Chapter 9 Case Management and Allocation of Cases
9.4 RELIEF FROM SANCTIONS
Page 145
- RULE 3.8 and 3.9 Deals with a parties ability to obtain relief from sanctions imposed by the court.
- Where a party has failed to comply with a rule, Practice Direction OR Court order, any sanction for
failure to comply imposed by the Rule, Practice Direction OR court order has effect.
UNLESS, the party in default applies for AND obtains relief from the sanctions.
- Where a Rule, Practice Direction or court order requires a party to do something within a specified
time, and specifies the consequence of failure to comply, the time for doing the act in question CAN be
extended by agreement between the parties.
UNLESS the court has ordered otherwise or it would put at risk any hearing date
the parties may by prior written agreement agree an extension up to a maximum of 28 days (r 3.8(4)).
- NB: that the court may grant relief from a sanction WITHOUT a formal application being made:
see Boodia v Yatsyna [2021] EWCA Civ 1705.
- The court has a discretion to grant relief from sanctions in two situations:
(1) where no formal application notice has been issued, but an application is made informally at a
hearing; OR
(2) where no application is made, even informally, but the court acts of its own initiative.
The discretion must of course be exercised consistently with the overriding objective.
The court should initially consider WHY there has been no formal application notice, or no application at
all;
whether the ability of another party to oppose the granting of relief (including, if appropriate, by
the adducing of evidence in response) has been impaired by the absence of notice; AND
whether it has sufficient evidence to justify the granting of relief from sanctions.
1
TIFF LIAO
Chapter 9 Case Management and Allocation of Cases
9.4 RELIEF FROM SANCTIONS
Page 145
- RULE 3.8 and 3.9 Deals with a parties ability to obtain relief from sanctions imposed by the court.
- Where a party has failed to comply with a rule, Practice Direction OR Court order, any sanction for
failure to comply imposed by the Rule, Practice Direction OR court order has effect.
UNLESS, the party in default applies for AND obtains relief from the sanctions.
- Where a Rule, Practice Direction or court order requires a party to do something within a specified
time, and specifies the consequence of failure to comply, the time for doing the act in question CAN be
extended by agreement between the parties.
UNLESS the court has ordered otherwise or it would put at risk any hearing date
the parties may by prior written agreement agree an extension up to a maximum of 28 days (r 3.8(4)).
- NB: that the court may grant relief from a sanction WITHOUT a formal application being made:
see Boodia v Yatsyna [2021] EWCA Civ 1705.
- The court has a discretion to grant relief from sanctions in two situations:
(1) where no formal application notice has been issued, but an application is made informally at a
hearing; OR
(2) where no application is made, even informally, but the court acts of its own initiative.
The discretion must of course be exercised consistently with the overriding objective.
The court should initially consider WHY there has been no formal application notice, or no application at
all;
whether the ability of another party to oppose the granting of relief (including, if appropriate, by
the adducing of evidence in response) has been impaired by the absence of notice; AND
whether it has sufficient evidence to justify the granting of relief from sanctions.
1
TIFF LIAO
