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Sanctions Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

Updates Available  

A more recent version of these Sanctions notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

SANCTIONS 2 purposes:

1. ensure orders and directions are complied with - preserve trial date

2. punish for default Non-compliance with Pre-Action Protocol Various sanctions Requirement that address in Particulars of Case and Defence - party should respond to allegation of non-compliance Non-compliance with CPR Sanctions may depend on the rule Failure to disclose expert evidence - may not rely on at trial without permission and/or adverse inferences Failure to pay listing/allocation fee - claim struck out Non-compliance with Directions If both parties breach - no sanction if still reasonably possible to have a fair trial Key dates:

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Filing Allocation Questionnaires

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Case-management conferences

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Pre-trial reviews

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Filing pre-trial checklists

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Trial

Timetable may be varied by agreement unless express provision cannot. If default does not affect key dates - not a problem If default outside party's control - parties should cooperate to preserve key dates Preservation of Trial Date Court will not allow failure to comply with directions to lead to postponement of trial unless exceptional circumstances

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no need for "exceptional circumstances" if default outside control of parties

Unless Order If practicable, Court will exercise its power so case able to come to trial on date/within period set.

1. Assess steps which need to be taken to prep for trial

2. Order steps to be taken in shortest possible time

3. Impose sanction for non-compliance

Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.

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