Relief from sanctions—making or opposing an application

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert
Practice notes

Relief from sanctions—making or opposing an application

Published by a ÀÏ˾»úÎçÒ¹¸£Àû Dispute Resolution expert

Practice notes
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This Practice Note should be read in conjunction with:

  1. •

    Practice Notes: How to make an application for a court order (CPR 23), Relief from Sanctions—when is an application for relief required?, Case management—Compliance, Relief from sanctions—the courts’ approach, Relief from sanctions—illustrative decisions and Interim applications—Costs recovery

  2. •

    Precedents: Letter requesting consent to application for relief from sanctions, Letter responding to request for consent to relief from sanctions, Draft order for relief from sanctions, Witness statement in support of an application for relief from sanctions, Witness statement in opposition to an application for relief from sanctions

Making an application for relief from sanctions

An application for relief from sanctions is an application for a court order—the basic procedure is therefore set out in CPR 23 and CPR PD 23A.

Guidance on making a CPR-compliant application can be found in Practice Note: How to make an application for a court order (CPR 23). You should familiarise yourself with this guidance before making any application to the court—it provides the starting point for all applications

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Jurisdiction(s):
United Kingdom
Key definition:
Sanctions definition
What does Sanctions mean?

The court can impose sanctions on parties to civil litigation who fail to comply with relevant rules, practice directions and court orders. These sanctions include striking out a party's claim or defence. A party can apply for relief from sanctions under Rule 3.9 of the CPR.

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