Relief from sanctions

by Practical Law Dispute Resolution

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.