Bernard Pressman analyses the “new” approach of the courts to applications for relief from sanctions
In April this year, a new set of rules for relief from sanctions applications came into force. The old CPR 3.9(1) checklist had been scrapped and replaced with a new obligation on the court: to 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.
A daunting hurdle
On the face of it, a rather daunting hurdle for an applicant seeking relief. Indeed, there have already been a few cases where the applicants were given short thrift. In Fred Perry Holdings Ltd v Brands Plaza Trading Ltd [2012] EWCA Civ 224, [2012] All ER (D) 77 (Jun) (where, even though the application was made long before April 2013, the applicant was unfortunate to come up before a bench that included Jackson LJ) Lewison LJ referred to the report of Jackson LJ (aka “the man sitting to
