The court can impose sanctions on parties to civil litigation who fail to comply with relevant rules, practice directions and court orders. These sanctions include striking out a party's claim or defence. A party can apply for relief from sanctions under Rule 3.9 of the CPR.. CPR 3.8 provides that any sanction arising from a litigant's failure to comply with a rule, practice direction or court order will have effect "unless the party in default applies for and obtains relief from the sanction". In Boodia v Yatsyna, the Court of Appeal confirmed that this does not fetter the court's ability to grant such relief of its own motion.

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16 December 2020. Published by Christina Gleeson, Senior Associate and Daniel Hemming, Partner. An application to admit witness evidence outside the directions timetable should be treated like an application for relief from sanctions under CPR 3.9 according to the High Court in Wolf Rock (Cornwall) Ltd v Langhelle. Facts.. CPR 3.8 empowers the court to grant to a litigant that has failed to comply with a rule or court order relief against any sanction imposed by the rules or by the court in respect of their default. CPR 3.9 lists the factors to which the court must have regard in applying CPR 3.8. Prior to the reforms, CPR 3.9 contained a non-exhaustive list of.