Why is it suggested that it will be harder for a party to achive relief from sanctions...
Why is it suggested that it will be harder for a party to achive relief from sanctions in view of the reworded CPR 3.9? Further, will the court consider the merits of the cases of each party as part of “all the circumstances of the case” to be taken into account?
The Master of the Rolls Lord Dyson has said that the new wording requires the court to focus much more clearly and consistently than hitherto on the specified aspects of case management in the light of the overriding objective. That wording speaks for itself. It is the combination of that wording with the shift of emphasis in the overriding objective (requiring the court to deal with cases not only justly but at proportionate cost) that will make it more difficult for parties to gain relief from sanctions. There were comments from Jackson LJ in Fred Perry (Holdings) Ltd v Brands Plaza trading Ltd [2012] EWCA Civ 224 which indicated strong Court of Appeal support for a tougher
