Relief from sanctions
A practice note offering guidance on relief from sanctions for breaches of the Civil Procedure Rules (CPR), court orders, and time limits. This practice note explains how to apply for relief under CPR 3.8 and 3.9, analysing the evolution of the judicial approach from the guidelines in Mitchell v Newsgroup Newspapers [2013] EWCA Civ 1537 to the pivotal three-stage test in Denton v TH White Ltd and other appeals [2014] EWCA Civ 906. It provides a detailed breakdown of each stage of the Denton test, exploring what constitutes a "serious or significant" breach, the relevance of a good reason for the default, and how the court considers all the circumstances at stage three. This practice note also clarifies when the CPR 3.9 test applies, distinguishing between express and implied sanctions in light of key cases like FXF v English Karate Federation Ltd [2023] EWCA Civ 891. It covers specific applications including unless orders, late evidence, and setting aside default judgments, and offers practical tips for avoiding non-compliance and the associated risks.
Already a Practical Law customer? Sign in
Get access to this document with Practical Law
The value of Practical Law
Deliver results and stay ahead with the help of Practical Law's built-in network of legal experts
As a legal professional, your time is a precious resource. Whether you need insights on a market-leading precedent, help navigating a new topic, how-to guidance on the law with an integrated drafting note, or a checklist to help mitigate risk, you can rely on Practical Law.
Practical Law is the only legal know-how solution supported by a team of over 650 full-time global editors who obsessively monitor the law and create resources to help you navigate the unknown and practise more efficiently.
Learn more about Practical Law
Make the most of your time and resources
Jumpstart your work
Easy-to-use tools deliver a great starting point, so you spend less time searching for templates, building presentations, or delving into unfamiliar areas.
Get how-to guidance
Practical resources provide you with in-depth expert knowledge and insights to help you work more efficiently and make informed decisions confidently.
Rely on worldwide expertise
We offer global and comparative content with thousands of assets covering critical legal topics in more than 100 countries, including weekly updates and daily alerts for EU Law.