Compliance and relief from sanctions

Practice notes

Relief from sanctions—illustrative decisions

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

26th Jan

Practice notes

Extension of time

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

25th Jan

COVID-19

Practice notes

Unless orders

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

25th Jan

Practice notes

Relief from sanctions—when (and when not) to use

This Practice Note should be read in conjunction with Practice Notes:•Case management—compliance•Relief from sanctions—the courts’ approach•Relief...

25th Jan

COVID-19

Practice notes

Relief from sanctions—the application

This Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from sanctions—when (and when not) to use, Case...

22nd Jan

COVID-19

Practice notes

Relief from sanctions—the courts’ approach

Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

18th Jan

Practice notes

Relief from sanctions decisions—pre-Denton [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...

18th Jan

Practice notes

Case management—compliance

What is compliance?Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders (CPR 1.1(2)(f) and CPR...

18th Jan

Practice notes

Relief from sanctions (pre-Denton) [Archived]

ARCHIVED: this archived Practice Note is not maintained and is for background information purposes only. Further, some of the links may not direct you...

18th Jan

Practice notes

Agreements to extend time—buffer agreements

This Practice Note should be read in conjunction with Practice Notes: Extension of time, Making an application, Relief from sanctions—the application,...

18th Jan

COVID-19

Practice notes

Litigants in person—case management and relief from sanctions

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

Produced in partnership with Philip Roberts of Clarke Willmott LLP 18th Jan

Practice notes

Relief from sanction (pre-April 2013) [Archived]

ARCHIVED: THIS PRACTICE NOTE IS BASED ON CPR PROVISIONS REVOKED ON 1 APRIL 2013. IT IS THEREFORE FOR HISTORICAL PURPOSES ONLY.For guidance on the...

18th Jan

Q&As

What are the consequences of non-compliance with a court order? In particular, what are the consequences of breaching a court order in the context of a family settlement?

We refer you to the following materials which may be of assistance. For guidance on the courts' attitude to non-compliance and seeking relief from...

14th Jan

Q&As

Who can sign a statement of truth in a defence where the defendant is a limited company? Can a director, whose directorship was terminated prior to signing the statement of truth, validly sign it and what is the effect of such a director signing the statement of truth in these circumstances?

A statement of truth made on behalf of a company must be signed by a person holding a senior position in the company. In respect of registered...

14th Jan

Q&As

My client/counsel/instructing solicitor/expert witness/third party provider/other key stakeholder is unwell and unable to give instructions and/or otherwise complete work, etc eg to be able to issue prior to limitation expiring and/or to be able to give instructions, etc so as to meet any other court and/or other deadline (examples of third party providers include: the need for an approved transcript of the lower court judgment with any appellant’s notice where the client is seeking to appeal a judgment of the High Court to the Court of Appeal; translations—service/witness statements; third party disclosure providers; etc), what steps should we take?

General guidance regarding the implications of coronavirus (COVID-19) on dispute resolution can be found in Practice Note: Coronavirus (COVID-19)...

Produced in partnership with Kayleigh Cullis and Philip Roberts of Clarke Willmott 8th Jan

COVID-19

Q&As

What is the time limit for applying for relief to reinstate a claim which has been automatically struck out under CPR 3.7A1 for non-payment of the trial fee?

BackgroundA claim will be automatically struck out under CPR 3.7A1 if the claimant has not paid the court fee by the time and date stipulated in a fee...

Produced in partnership with Mark West of Lamb Chambers 8th Jan

Q&As

Where a costs budget is one day late but the CMCC is vacated the next day (nearly three weeks before the hearing date) is this a breach of CPR 3.13(1)(b) such that relief from sanctions should be sought, or is the time period for determining whether there is a breach under CPR 3.13(1)(b) determined from the date of the rescheduled CCMC?

It is assumed that the claim will inevitably be allocated to the multi-track; the stated value of the claim on the claim form is not less than...

Produced in partnership with Alex Bagnall of Total Legal Solutions 8th Jan

Q&As

In Part 8 proceedings where form N119 was not enclosed can this now be included after the court has issued directions and fixed a hearing date?

This Q&A focuses on claims for possession of land to which CPR 55 applies. This Q&A covers the situation where a Part 8 claim form has been issued and...

Produced in partnership with Kate Andrews of Hamlins 8th Jan

Q&As

I am making an application which needs to be made promptly under the CPR rules. What options are available to me if I cannot get the supporting evidence together due to coronavirus (COVID-19). Should I still file the application notice despite not having any supporting witness evidence?

There are a number of applications that the CPR requires to be made promptly, but much of the commentary below will be relevant to any circumstances...

Produced in partnership with David Peachey 8th Jan

COVID-19

Q&As