No more Mr Nice Guy — fail to adhere to court orders, rules and practice directions at your peril
When the Civil Procedure Rules (CPR) were amended last year, the revised overriding objective made it clear that the rules were in place to enable the court to deal with cases justly and at proportionate cost.
This objective was mirrored in the revised CPR 3.9 — the rule that governs the application a party may need to make if there has been a failure to comply with any rule, practice direction or court order. The revised CPR 3.9 requires the court to consider all of the circumstances of the case, including the need for ‘litigation to be conducted efficiently and at proportionate cost’; however, it also makes it clear the rules are in place ‘to enforce compliance with rules practice directions and orders’.
A number of recent court decisions have clearly shown that overturning a sanction imposed by the court will be far more difficult than it may have been pre-April 2013. The message is that failures to comply with court orders, rules or practice directions will be dealt with harshly, particularly where a sanction has been imposed…
Click on the link below to read the rest of the Wragge & Co briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
£27m award for delays to generic capsules launch is upheld.
Also; significant rises in the Annual Tax on Enveloped Dwellings.