Relief from sanction (pre-April 2013) [Archived]
Published by a LexisNexis Dispute Resolution expert
Last updated on 21/11/2019

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Relief from sanction (pre-April 2013) [Archived]
  • The court's power
  • Rule 3.9(1) 'relief from sanction' factors
  • Rule 3.9(1)(a)
  • Rule 3.9(1)(b)
  • Rule 3.9(1)(c)
  • Rule 3.9(1)(d)
  • Rule 3.9(1)(e)
  • Rule 3.9(1)(f)
  • Rule 3.9(1)(g)
  • More...

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 current, post-Denton, position see

  1. Practice Notes: Compliance and relief from sanctions—overview, Case management—compliance, Agreements to extend time—buffer agreements, Relief from sanctions—the courts’ approach, Relief from sanctions—illustrative decisions, Relief from sanctions—when is an application for relief required? and Relief from sanctions—making or opposing an application

  2. Precedents: Letter requesting extension of time for compliance with rule, practice direction or court order, Buffer agreement—agreement to extend time for compliance, Letter responding to request for extension of time for compliance with rule, practice direction or court order, 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, Witness statement in support of an application for relief from sanctions and Witness statement in opposition to an application for relief from sanctions

The court's power

The court has the power to apply sanctions to a party, including striking out a case, for failing to comply with a rule, practice direction or court order (CPR 3.4(c)). Any such sanction will have effect unless the defaulting party applies for and obtains relief from the sanction (CPR 3.8(1)).

CPR 3.9 sets out the circumstances the court may consider when deciding whether to

Related documents:
Key definition:
Sanctions definition
What does Sanctions mean?

The court can impose sanctions on parties to civil litigation who fail to comply with relevant rules, practice directions and court orders. These sanctions include striking out a party's claim or defence. A party can apply for relief from sanctions under Rule 3.9 of the CPR.

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