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

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

  • Relief from sanctions—when (and when not) to use
  • Coronavirus (COVID-19)
  • When do you need to apply for relief from sanctions?
  • When is a ‘sanction’ imposed?
  • ‘Implied sanction’ cases
  • Permission applications
  • Service of the claim form and relief from sanctions
  • What other steps can you take in relation to default?
  • Appealing the relevant order

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

This Practice Note should be read in conjunction with Practice Notes:

  1. Case management—compliance

  2. Relief from sanctions—the courts’ approach

  3. Relief from sanctions—the application

  4. 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 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).

When do you need to apply for relief from sanctions?

CPR 3.8(1) states that ‘Where a party has 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 unless the party in default applies for and obtains relief from the sanction’, so the sanction will continue to have effect until you apply for and obtain relief from the sanction. If a sanction is imposed in respect of certain non-compliance, a party can apply for relief from that sanction under CPR 3.9. For information on making an application for relief from sanctions, see Practice Note: Relief from sanctions—the application.

A party seeking to set aside a default costs certificate will also have to meet the Denton v White criteria (Masten v London Britannia Hotel). For more information on this case,

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