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Compliance and relief from sanctions

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Latest Dispute Resolution News

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

The following Dispute Resolution news provides comprehensive and up to date legal information on Further developments on vicarious liability in sexual abuse cases (Blackpool Football Club v DSN)

A tale of too many applications (Desporte v Bull)

A tale of too many applications (Desporte v Bull)

The following Dispute Resolution news provides comprehensive and up to date legal information on A tale of too many applications (Desporte v Bull)

End of insolvency temporary provisions—introduction of new temporary provisions

End of insolvency temporary provisions—introduction of new temporary provisions

The following Banking & Finance news provides comprehensive and up to date legal information on End of insolvency temporary provisions—introduction of new temporary provisions

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

The following Commercial news provides comprehensive and up to date legal information on Released unlawful means conspiracy claims struck out because of the terms of parties’ settlement agreement (Maranello Rosso Ltd v Lohomij BV and others)

Featured Dispute Resolution content

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It...

Submission of no case to answer

Submission of no case to answer

Submission of no case to answerIntroductionA defendant may decide to make a submission of no case to answer after the claimant has indicated that it...

The doctrine of res judicata

The doctrine of res judicata

The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of...

Serving outside the jurisdiction with court permission—application and order

Serving outside the jurisdiction with court permission—application and order

This Practice Note addresses issues when serving out of the jurisdiction and the permission of the court is required. It explains how to make an...

Practice notes

What is a tort?

What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes

What is a third party debt order (TPDO)?

What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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19th May
Practice notes

How to apply for a third party debt order (TPDO)

How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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19th May
Practice notes

Third party rights—the common law doctrine of privity of contract

Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
tag iconIn-house
Practice notes

Skeleton arguments

Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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19th May
Practice notes

Equitable remedies in contractual disputes

Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes

Default judgment—requirement to set aside promptly under CPR 13.3

Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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19th May
Precedents

Part 36 offer—defendant Part 36 offer letter

[insert name and address of claimant or claimant’s legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 19th May
Q&As

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as valid?

Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes

Fixed costs—money claims

Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes

Witness summons

Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
tag iconCOVID-19
Practice notes

Costs budgeting—completing Precedent H (costs budget)

Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes

Contract interpretation—terms implied by law

Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes

The tort of procuring a breach of contract

The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes

Documents to be served on the defendant

Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)

Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Compliance and relief from sanctions content

Practice notes

Litigants in person—case management and relief from sanctions

Litigants in person—case management and relief from sanctionsThis Practice Note provides guidance on the interpretation and application of the...
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Produced in partnership with Phil Roberts of Clarke Willmott 13th Sep
Practice notes

Relief from sanctions—illustrative decisions

Relief from sanctions—illustrative decisionsCoronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be...
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9th Sep
Practice notes

Case management—compliance

Case management—complianceWhat is compliance?Compliance refers to the parties’ need to comply with the court’s rules, practice directions and orders...
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9th Sep
Practice notes

Relief from sanctions—the application

Relief from sanctions—the applicationThis Practice Note should be read in conjunction with:•Practice Notes: Making an application, Relief from...
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9th Sep
tag iconCOVID-19
Practice notes

Extension of time

Extension of timeThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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9th Sep
tag iconCOVID-19
Practice notes

Agreements to extend time—buffer agreements

Agreements to extend time—buffer agreementsThis Practice Note should be read in conjunction with Practice Notes: Extension of time, Making an...
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9th Sep
tag iconCOVID-19
Practice notes

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

Relief from sanctions—when (and when not) to useThis Practice Note should be read in conjunction with Practice Notes:•Case...
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9th Sep
tag iconCOVID-19
Q&As

Where an accident was recorded on CCTV, viewed by the defendant's employees and then deleted, how do I ensure that the defendant is sanctioned for abuse of process?

Where an accident was recorded on CCTV, viewed by the defendant's employees and then deleted, how do I ensure that the defendant is sanctioned for...
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9th Sep
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?

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...
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Produced in partnership with Alex Bagnall of Total Legal Solutions 9th Sep
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?

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...
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Produced in partnership with Kate Andrews of Hamlins 9th Sep
Q&As

How can a party request more time to submit a defence in a fast track claim so that they can obtain legal advice? Can they agree an extension with the other side and how long can this be for? The acknowledgment of service has been sent. There are no solicitors on the record.

How can a party request more time to submit a defence in a fast track claim so that they can obtain legal advice? Can they agree an extension with the...
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Produced in partnership with Ryan Turner of Lamb Chambers 9th Sep
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?

My client/counsel/instructing solicitor/expert witness/third party provider/other key stakeholder is unwell and unable to give instructions and/or...
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Produced in partnership with Kayleigh Cullis and Philip Roberts of Clarke Willmott 9th Sep
tag iconCOVID-19
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?

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...
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Produced in partnership with David Peachey 9th Sep
tag iconCOVID-19
Q&As

I want to seek an extension of time under CPR 3.1(2)(a) for complying with a court order. The time for compliance has passed but the court order did not state what the sanction for not complying with the time limit would be. What test will the court apply in dealing with my application? Can you identify any key authorities that have considered this issue?

I want to seek an extension of time under CPR 3.1(2)(a) for complying with a court order. The time for compliance has passed but the court order did...
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9th Sep
Q&As

What can a claimant do if a defendant serves a witness statement late but asks the claimant to accept service? If the claimant refuses to accept service and the defendant makes an application for relief from sanctions, what are the cost implications? What are the cost implications if no application is made?

What can a claimant do if a defendant serves a witness statement late but asks the claimant to accept service? If the claimant refuses to accept...
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9th Sep
Q&As

How can I enforce an order for pre-action disclosure and costs?

How can I enforce an order for pre-action disclosure and costs?Firstly, it would be prudent to look at the terms of the pre-action disclosure order to...
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9th Sep
Q&As

Where the parties have agreed a buffer agreement pursuant to CPR 3.8 and the time agreed under that agreement has passed and the court’s permission has been received for a further extension are the parties able to enter into another buffer agreement by way of amendment to that court order? The court order does not refer to any specified consequences of a failure to comply.

Where the parties have agreed a buffer agreement pursuant to CPR 3.8 and the time agreed under that agreement has passed and the court’s permission...
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Produced in partnership with James Tunley of Lamb Chambers 9th Sep
Q&As

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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 9th Sep
tag iconCOVID-19
Q&As

If we are on the record as acting for a client in a civil claim but are unable to obtain instructions from the client in relation to compliance with a court order which deals with various case management issues regarding directions questionnaires, lists of issues, disclosure and costs budgets, and the client specifically doesn't want us to carry out the work in order to comply, will there be any come back on the firm for failing to comply with the deadline, or only the client in terms of its defence being struck out/costs sanctions etc?

If we are on the record as acting for a client in a civil claim but are unable to obtain instructions from the client in relation to compliance with a...
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9th Sep
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?

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...
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9th Sep

Popular documents

Skeleton arguments

Skeleton arguments

Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not

Issue of redeemable shares

Issue of redeemable shares

Issue of redeemable sharesA limited company that proposes to issue redeemable shares must comply with the provisions of the Companies Act 2006 (CA 2006).Why do companies issue redeemable shares?A company may wish to issue redeemable shares so that it has an alternative way to return surplus capital

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individuals

Sentencing fraud offences committed by individualsThe Sentencing Council (SC) has produced sentencing guidelines for fraud offences under the Fraud Act 2006 (fraud by false representation, fraud by failing to disclose information and fraud by abuse of position), false accounting under section 17 of

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)