Relief from sanctions—making or opposing an application

Published by a LexisNexis Dispute Resolution expert
Practice notes

Relief from sanctions—making or opposing an application

Published by a LexisNexis Dispute Resolution expert

Practice notes
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This Practice Note gives practical guidance on how to make or oppose (or defend) an application for relief from Sanctions (RFS) under CPR 3.9. In particular, it covers the evidence in support of an application for relief, the evidence in response to a relief from sanctions application, Costs issues in relief applications and how to appeal a decision granting or refusing relief. Throughout it offers general practical tips on applying for relief from sanctions.

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

  1. How to make an application for a court order (CPR 23)

  2. Relief from sanctions—when is an application for relief required?

  3. Case managementCompliance

  4. Relief from sanctions—the courts’ approach

  5. Relief from sanctions—illustrative decisions (from 1 January 2024); and

  6. Interim applications—costs recovery

See also Precedents:

  1. Letter requesting consent to application for relief from sanctions

  2. Letter responding to request for consent to relief from sanctions

  3. Draft order for relief from sanctions

  4. Witness statement in support of an application for relief from sanctions; and

  5. Witness

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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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