The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note should be read in conjunction with:
Practice Notes: Making an application, Relief from sanctions—when (and when not) to use, Case management—compliance, Relief from sanctions—the courts’ approach, Relief from sanctions—illustrative decisions and Interim applications—costs recovery
Precedents: Letter requesting consent to application for relief from sanctions, Letter responding to request for consent to relief from sanctions, Application for relief from sanctions, Draft order for relief from sanctions, Witness statement in support of an application for relief from sanctions, Witness statement in opposition to an application for relief from sanctions
The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus pandemic. For more information, see Practice Note: Relief from sanctions—the courts’ approach—Coronavirus (COVID-19).
Remember that if you have 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 until you apply for and obtain relief from the sanction (CPR 3.8(1)).
Where you are in breach of a rule, practice direction or order and you are considering whether to make an application for relief under CPR 3.9, some key points to bear in mind include:
act promptly. This is a requirement
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