Jackson reforms to English civil litigation — the latest developments

By Jason Rix

The Court of Appeal has set out new guidance, in the form of a three-stage test, for the approach that should be taken by the court when a party seeks relief, under CPR r3.9, from a sanction that has been imposed for a failure to comply with any rule or court order.

CPR r3.9 provides: ‘(1) 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, including the need: (a) for litigation to be conducted efficiently and at proportionate cost; and (b) to enforce compliance with rules, practice directions and orders.’

This version of CPR r3.9 was introduced in April 2013 as a response to Sir Rupert Jackson’s report on English civil litigation and replaced the previous CPR r3.9, which included a long checklist of different factors that the court could take into account when deciding whether to grant relief…

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