RELIEF FROM SANCTIONS: THE KEY DATE FOR IMPLEMENTATION OF THE NEW CPR 3.9

Mediatelegal

This post deals with misunderstandings that appear to be in place as to which cases the new CPR 3.9 provisions on relief from sanctions apply to. In particular whether the key date is the date of issue of proceedings or the date of the application for relief from sanctions.

 

The issue: which applications does the new CPR 3.9 apply to?

It is has been asserted that that the “old” CPR 3.9 provisions apply to all actions issued prior to 1st April 2013.

 

Regulation 22: New CPR 3.9 does not apply to applications made before 1st April 2013 (does apply to applications made after that date)

 

The relevant rules can be found in the Civil Procedure Amendment Rules 2013 http://www.legislation.gov.uk/uksi/2013/262/article/22/made

 

Regulation 22 (2) states:

“(2) The amendments made by rule 5(f) and (g) of these Rules do not apply to applications made before 1 April 2013 for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order.”

 

For total clarity: – 5(f) and (g) state:-

 

(f) in rule 3.8, in the parentheses that follow paragraph (1), for “may” substitute “will”;

(g) for rule 3.9(1), substitute—

“(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.” and

 

The transitional provisions generally

 

I have set out the rules dealing with the transitional provisions in some detail at http://www.zenithchambers.co.uk/cms/document/TRANSITIONAL_PROVISIONS.pdf

The whole section of my chamber’s website “The Jackson Corner” is extremely useful, http://www.zenithchambers.co.uk/site/the_jackson_corner/