Relief from sanctions cases

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Lenders need to be aware of a number of judgments on relief from sanctions applications featuring the reworded Civil Procedure Rule (CPR) 3.9. Two are referred to below.

The first case is Durrant v Chief Constable of Avon & Somerset. The judgment confirms that a party should not be lulled into a false sense of security if relief from sanction has initially been granted.

In Durrant, the defendant failed to comply with an order for exchange of witness statements. An extension of time was granted, with an unless order attached, for service by 12 March 2013. The defendant served two witness statements on 13 March and the claimant complained they were out of time. The defendant applied for relief from sanction on 15 May and also sought to serve a further four statements. The trial was listed for 10 June. A further application for relief so as to allow service of two further witness statements was made on 5 June…

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