If you have missed a deadline in legal proceedings, you may need to apply to the Court for relief from sanctions. In this article, our expert lawyers will explain the steps, legal frameworks, and considerations involved in making a successful application for relief from sanctions under the Civil Procedure Rules (CPR).
If you need to apply for relief from sanctions, it is advisable to seek expert legal advice. Contact our team at 0207 459 4037 for a Free Consultation today.
Understanding Relief from Sanctions
Relief from sanctions is the process by which a party seeks the court’s permission to excuse a failure to comply with procedural rules, court orders, or deadlines. This application is crucial because non-compliance can lead to severe consequences, such as the dismissal of a claim or defence.
Sanctions are penalties or other forms of enforcement used by the courts to ensure compliance with procedural rules and orders. These can include:
- Striking out a statement of case
- Dismissing a claim or defence
- Costs orders
- Limiting a party’s ability to present evidence
The Legal Framework of Relief from Sanction: CPR 3.9
The governing rule for applications for relief from sanctions is found in CPR 3.9, which states:
“On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application…“
The Denton Principle and Test
The Denton test, established in the case of Denton v TH White Ltd [2014] EWCA Civ 906, provides a structured approach for courts to follow when the Court considers applications for relief from sanctions. The test is divided into three stages:
1. Assess the Seriousness and Significance of the Breach
- Serious Breach: Examples include missing a trial date, failing to file a costs budget, or not submitting witness statements on time. These breaches are serious because they can disrupt the court schedule and affect the fairness of the trial.
- Significant Breach: This involves breaches that, while not as severe as missing a trial, still have substantial impacts, such as failing to meet deadlines that delay case progression or cause inconvenience to the court and other parties.
2. Examine the Reasons for the Default
- Acceptable Reasons: Unforeseen and unavoidable events like sudden illness, emergencies, or events beyond the control of the party.
- Unacceptable Reasons: Inadvertence, oversight, or poor time management by legal representatives usually do not justify non-compliance.
3. Evaluate All the Circumstances of the Case to Deal Justly: The court will look at the entire context, including previous compliance, efforts to rectify the breach promptly, and the overall conduct of the party.
Examples of Serious and Significant Breaches
Understanding what constitutes a serious or significant breach is crucial when applying for relief from sanctions. Each case will be determined on the evidence and strengths of the arguments but our lawyers set out some of the case law on relief from sanctions below:
| Case Name and Citation | Facts | Breach | Impact | Likely Sanction | Outcome |
| Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537 | Claimant missed the costs budget deadline by 24 hours | Missed deadline for filing costs budget | Significant impact on case management | Limitation of recoverable costs | Relief refused; strict compliance emphasized |
| Durrant v Chief Constable of Avon and Somerset Constabulary [2013] EWCA Civ 1624 | Late service of witness statements by several weeks | Missed deadline for witness statements | Significant delay and disruption to trial preparation | Exclusion of witness evidence | Relief refused due to significant delay and disruption |
| Denton v TH White Ltd [2014] EWCA Civ 906 | Late filing of witness statements | Missed deadline for witness statements | Moderate impact, minor delay | Exclusion of evidence | Relief granted; minor delay did not impact trial date significantly |
| Chartwell Estate Agents Ltd v Fergies Properties SA [2014] EWCA Civ 506 | Both parties failed to exchange witness statements on time | Mutual non-compliance with court order | Potential exclusion of crucial evidence | Exclusion of evidence | Relief granted to ensure fairness; both parties at fault |
| Tibbles v SIG plc (t/a Asphaltic Roofing Supplies) [2012] EWCA Civ 518 | Application to set aside consent order due to alleged error | Alleged error in original order | No immediate procedural impact | Order remains in place | Relief refused; emphasis on finality of consent orders |
| Summers v Fairclough Homes Ltd [2012] UKSC 26 | Claimant exaggerated the extent of his injuries | Abuse of process by false evidence | Serious impact on case integrity | Striking out of claim | Relief refused; claim struck out for abuse of process |
| Davidson & others v Looney [2022] EWHC | Late service of witness evidence by 6 months | Missed deadline for serving witness statements | Significant procedural impact | Exclusion of witness evidence | Relief granted considering no trial date was lost |
| Yesss (A) Electrical Ltd v Warren [2024] EWCA Civ 14 | Late application for expert evidence | Missed deadline for expert evidence submission | Moderate impact, recently vacated trial date | Exclusion of expert evidence | Relief granted; trial date vacated |
| Gill v Anami Holdings Ltd [2017] EWHC | Late filing of costs budget by 1 day | Missed deadline for costs budget | Limited impact on case management | Limitation on recoverable costs | Relief refused; application considered trivial breach |
| Lakhani v Mahmud [2020] EWHC | Late service of costs budget by 1 day | Missed deadline for costs budget | Limited impact on case management | Limitation on recoverable costs | Relief refused due to wasted court time |
Step-by-Step Guide to Applying for Relief from Sanctions
If you want to apply for relief from sanctions, you will need to follow these steps:
- Identify the Breach and Its Impact: Clearly identify the specific rule, order, or deadline that was breached and understand its impact on the proceedings.In Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1537, the claimant missed the deadline for filing a costs budget by 24 hours. The breach was considered significant because it affected the efficient management of the case. The court imposed severe sanctions by limiting the claimant’s recoverable costs to court fees only.
- Gather Supporting Evidence: Compile all relevant evidence that explains the reasons for the default. This may include medical certificates, communications, or other documents that justify the breach.
- Draft the Application: The application for relief from sanctions must be meticulously drafted, highlighting the details of the breach and its significance, explanation for the default and how you meet the Denton test.
- Submit the N244 Form: The application is typically made using the N244 form. Ensure that all sections are completed accurately and attach any supporting documents.
- Pay the Fee: A fee of £275 is required to submit the application into Court.
- Serve the Application: Serve a copy of the application and supporting documents on all other parties involved in the case.
- Prepare for the Hearing: If a hearing is scheduled, prepare thoroughly by reviewing all documentation and formulating arguments to support your application. Be ready to address each stage of the Denton test comprehensively.
For assistance with your application for relief from sanctions, contact our experienced lawyers at 0207 459 4037 for a Free Consultation.
Common Questions About Applying for Relief from Sanctions
What is the Denton Test?
The Denton test is a three-stage test used by the courts to determine applications for relief from sanctions. It assesses the seriousness of the breach, the reasons for the default, and all the circumstances of the case.
How Long Do I Have to Apply for Relief from Sanctions?
The application must be made promptly after the need for relief becomes apparent. There is no fixed deadline, but undue delay can negatively impact the application.
What Happens if the Relief from Sanction Application is Refused?
If the application is refused, the sanctions imposed will remain in effect. This could include the dismissal of your claim or defence. It is crucial to provide compelling reasons and evidence to support your application.
Can I Appeal a Refusal of Relief from Sanctions?
Yes, it is possible to appeal a refusal, but the chances of success depend on the specifics of the case and the reasons for the refusal. Legal advice should be sought before proceeding with an appeal.
Are There Any Fees Involved in Applying for Relief from Sanctions?
Yes, a fee of £275 is required to submit the N244 application form.
If you have further questions or need assistance with your application for relief from sanctions, contact our expert lawyers at 0207 459 4037 for a Free Consultation.
