Q&As

What are the consequences for a litigant in person of failing to serve a Precedent R directed by court order? Can you apply for relief from sanctions in such case or are there other options available?

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Published on LexisPSL on 11/02/2019

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What are the consequences for a litigant in person of failing to serve a Precedent R directed by court order? Can you apply for relief from sanctions in such case or are there other options available?
  • Assumption
  • Compliance
  • Litigants in person
  • Relief from sanctions

Assumption

It is assumed that the court has specifically ordered the litigant in person (LIP) to file and exchange an agreed budget discussion report. This is rare as when dealing with costs budgets, unless the order orders otherwise, LIP are not required to file and exchange a costs budget (CPR 3.13) and they are specifically exempt from filing an agreed budget discussion report (CPR 3.13(2)). It is therefore important to check that the order specifically orders the LIP to file an agreed costs budget report rather than the order simply providing for parties to file a costs budget report. For guidance, see Practice Notes: Litigant in person costs—costs management and budgeting and Costs budget discussion reports (BD reports).

Compliance

Failing to comply with court orders can increase the amount of time it takes for a dispute to be resolved and/or the costs of doing so, see Practice Notes: Case management—compliance and Case management—court's powers—Dispute Resolution. As such, courts have b

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