Relief from sanctions—the courts’ approach
Relief from sanctions—the courts’ approach

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

  • Relief from sanctions—the courts’ approach
  • Coronavirus (COVID-19)
  • Key cases considering relief from sanctions
  • Courts’ approach to RFS applications (Denton)
  • First stage of RFS determination
  • Second stage of RFS determination
  • Third stage of RFS determination
  • Will the court consider the merits of the underlying claim?
  • ‘Factor (a)’
  • ‘Factor (b)’
  • More...

Coronavirus (COVID-19)

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 (COVID-19) pandemic. For news and other resources to assist dispute resolution practitioners working in the civil courts to understand and stay ahead of fast-moving changes necessitated by the coronavirus pandemic, see Practice Note: Coronavirus (COVID-19) implications for dispute resolution.

Practical tip: when making an application for relief from sanctions for reasons related to the coronavirus pandemic, the application should explain how the party has been impacted by the pandemic, why they were unable to comply or, where applicable, to apply for an extension of time to comply, and any steps that have been taken to try to ensure compliance. It is not sufficient for a party making an application for relief from sanction to use the pandemic as a reason without setting out the specific impact it has had on them in respect of the breach (Daly v Ryan—News Analysis: Relief from sanctions in applications under CPR 3.6 and whether the coronavirus pandemic constitutes a good reason for non-compliance (Daly and another v Ryan)).

Key cases considering relief from sanctions

Mitchelll v News Group Newspapers was the first Court of Appeal decision to apply CPR 3.9, as revised under the April 2013

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