RELIEF FROM SANCTIONS GRANTED: DID THE COURT OF APPEAL TURN A BLIND EYE TO MITCHELL? NELSON -v- CIRCLE CONSIDERED

February 19, 2014 · by gexall · in Appeals, Applications, Civil Procedure, Members Content, Relief from sanctions

It is unusual to see the Court of Appeal granting relief from sanctions without reference to CPR 3.9 or the decision in Mitchell. That is precisely what happened in Nelson –v- Circle Thirty Three Housing Trust Ltd [2014] EWCA Civ 106. THE FACTS The Claimant brought proceedings against the Defendant...

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Tags: Appeal, Civil Procedure Rules, CPR 3.9, Mitchell, Relief from sanctions

2 Responses

David · February 19, 2014 at 16:03:00 · →

CPR 3.9 (2) – An application for relief must be supported by evidence.

So does this mean that you don’t need to make an application but as long as you provide evidence, presumably a witness statement detailing why you should get relief this will suffice?
gexall · February 19, 2014 at 16:14:24 · →

That is a very dangerous practice. It means that, if it is so inclined, a court can consider a relief from sanctions application without a formal application being made. However if it declines to do so the “applicant” cannot complain. It would be prudent to always make an application for relief from sanctions, even in cases where you think you may not need it because you believe you have complied. To repeat, just providing evidence, and hoping a court will consider relief from sanctions is a very dangerous practice indeed.