Summary
Summary ULAW LPC, Dispute Resolution Chapter Readings
- Module
- Dispute Resolution (DR)
- Institution
- University Of Law (ULaw)
ULAW LPC, Dispute Resolution Chapter Readings
[Show more]
Seller
Follow
Content preview
DR – WS3 Statement of case TIFF LIAOChapter 9 Case Management and Allocation of Cases
9.4 RELIEF FROM SANCTIONS
Page 145
- RULE 3.8 and 3.9 Deals with a parties ability to obtain relief from sanctions imposed by the court.
- Where a party has failed to comply with a rule, Practice Direction OR Court order, any sanction for
failure to comply imposed by the Rule, Practice Direction OR court order has effect.
UNLESS, the party in default applies for AND obtains relief from the sanctions.
- Where a Rule, Practice Direction or court order requires a party to do something within a specified
time, and specifies the consequence of failure to comply, the time for doing the act in question CAN be
extended by agreement between the parties.
UNLESS the court has ordered otherwise or it would put at risk any hearing date
the parties may by prior written agreement agree an extension up to a maximum of 28 days (r 3.8(4)).
- NB: that the court may grant relief from a sanction WITHOUT a formal application being made:
see Boodia v Yatsyna [2021] EWCA Civ 1705.
- The court has a discretion to grant relief from sanctions in two situations:
(1) where no formal application notice has been issued, but an application is made informally at a
hearing; OR
(2) where no application is made, even informally, but the court acts of its own initiative.
The discretion must of course be exercised consistently with the overriding objective.
The court should initially consider WHY there has been no formal application notice, or no application at
all;
whether the ability of another party to oppose the granting of relief (including, if appropriate, by
the adducing of evidence in response) has been impaired by the absence of notice; AND
whether it has sufficient evidence to justify the granting of relief from sanctions.
1
TIFF LIAO
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller tiffany_liao. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £7.16. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
67474 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now