Relief from sanctions

A sanction is an adverse consequence imposed on a party for failing to comply with a rule, practice direction, or a court order.

Sanctions can arise following a court order as a result of an unless order or imposed by the rules or practice directions due to a failure to take a particular step as directed. An automatic sanction can be imposed following a breach of the Civil Procedure Rules. This would encompass breaches in relation to court documents which have not been served within the specific timeframe. Alternatively, other sanctions can be imposed on a party and the court can either specify a sanction or make an unless order.

If a sanction is imposed on a party, then it should not be ignored and either an agreement is reached between the parties or an application for relief can be filed to the court.

a. Reaching an agreement

One of the options a party has would be to try and reach an agreement with the other side. This would be done by way of proposing a consent order for relief and usually offer to pay the other side’s costs for considering the order. A consent order does not necessarily have to deal with liability for costs. However, when a party is trying to agree an order for relief, it would be wise to consider conceding paying costs.

Once the consent order has been approved by both parties, then the court will then consider it. However, it is important to note that the court is not obliged to approve the order, although it is unusual for the court to refuse.

b. Application for relief

Following the Jackson/civil litigation reforms in April 2013, there has been a change in the court’s case management culture in that the court became less tolerant when it comes to delays and breaches of rules.

Sanctions are dealt with in Part 3 of the Civil Procedure Rules. According to rule 3.9, the court will consider various elements when deciding on an application for relief from sanction. This includes the need for litigation to be concluded efficiently and at proportionate cost; and the need to enforce compliance with rules, practice directions and orders.

When making an application for relief from sanctions, a party applies for a court order and follows the procedure under Civil Procedure Rules 23 and Practice Directions 23A.

When it comes to relief from sanctions, parties must be conscious not to either unreasonably withhold consent nor to concede unnecessarily.  

Hopefully, you will never find yourself in a position where you need to make this application. If however you do, it is best to act promptly and quickly in order to minimise the damage.

For further advice and assistance please contact our Litigation and Dispute Resolution Team on 01604 828282 / 01908 660966 or email info@franklins-sols.co.uk