Litigants must comply with rules and orders, yet must not seek to penalise opponents for immaterial breaches
Overview -
The Court of Appeal has allowed three consolidated appeals an earlier Court of Appeal case and provided guidance on when the English court should grant relief from sanctions for breaches of civil procedure rules and court orders. The case is important because it clarifies guidance in (widely seen as encouraging draconian sanctions for breaches) and signals a more lenient, yet still robust, regime.
The Court of Appeal set out a three-stage approach for a court to follow when considering an application for relief from sanctions:
1. Identify whether the failure to comply with a rule, practice direction or court order was serious or significant
2. Consider why the failure or default occurred
3. Evaluate all the circumstances of the case, so as to enable the court to deal justly with the application
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