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:
? purposes (a) ensure orders + directions complied with (b) punish defaulting party NON-COMPLIANCE Non-compliance with pre-action protocols
? available sanctions: (a) (b) (c) (d) (e)
order stay order party at fault to pay costs proportionate to breach order party at fault to pay indemnity costs deprive C who is at fault of interest on damages / order interest at lower rate award D who is at fault higher rate of interest on damages payable to C (PD preaction conduct para 4.6)
? parties must set out whether complied in claim form / particulars of claim (PD pre-action conduct para 9.7) Non-compliance with CPR
? various e.g. can't use undisclosed expert report at trial Non-compliance with directions
? agree new deadlines o if parties occasionally unable to keep to directions timetable, NOT usually problem, provided key dates kept (filing DQs, CMCs, PTRs, filing pre-trial checklists, trial) (r26.3(6A), r28.4, r29.5)
o non-compliance through events beyond control / not deliberateparties should co-operate and agree new timetable preserving key dates (r1.4(2)(a))time specified by CPR / court for doing act can be varied by written agreement of parties (unless prohibited by rules) (r2.11)
? procedure on default (1) innocent party should write letter to defaulting party:
? asking for default to be remedied within reasonable period (7 / 14 days)give warning of intention to apply for order if NOT remedied
if continued non-compliance
(2) apply without delay for order to enforce compliance and / or sanction (3) court decides whether to make order compliance / sanctions (court may take any delay into account in deciding) PRESERVATION OF TRIAL DATE
? following apply on CMCs, applications to extend time + applications for relief from sanctions:
Buy the full version of these notes or essay plans and more in our BPTC Civil Ligitation Notes.